Chattisgarh High Court
Motilal Banjara vs State Of Chhattisgarh on 16 December, 2021
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MCRC No. 9387 of 2021
Motilal Banjara S/o Avdhut Banjara, Aged About 34 Years R/o Village
Bodajhariya Banjarapara, Police Station Pusaur, District Raigarh
Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through P.S. Pusaur, District Raigarh
Chhattisgarh.
---- Respondent
For Applicant : Ms. Shruti Shrivastava, Advocate
For Non-applicant : Ms. Seema Dixit, Panel Lawyer
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board
16/12/2021
1. Applicant has filed this application under Section 439 of Cr.P.C. for
grant of regular bail as he has been arrested in connection with
Crime No.258/2021 registered at Police Station- Pusaur- District-
Raigarh (C.G.) for the offence punishable under Sections 34 (2),
59-A of the C.G. Excise Act.
2. Case of prosecution is that police receipt secret information on
12.11.2021 that applicant is in illegal possession of liquor. Upon
receipt of secret information, police reached on spot and during
course of search of shop of applicant, seized 11.21 bulk litres of
foreign liquor. Based on seizure, applicant was arrested.
3. Learned counsel for the applicant would submit that applicant has
not committed any offence as alleged against him. Offence is
triable by Magistrate. Applicant is in jail since 12.11.2021. There is
no other criminal antecedent against applicant of similar nature in
recent past. Hence, he may be enlarged on regular bail.
4. Learned counsel for the State opposes the submission of learned
counsel for the applicant. Upon asking, learned counsel for the
State submits that one criminal antecedent against applicant is
mentioned in the case diary of offence under Section 9-B of the
Explosive Act.
5. At this stage, learned counsel for applicant submits that one more
case under Section 34 (1) (a) of the Excise Act was registered
against applicant in the year 2014 and upon conclusion of trial,
applicant was acquitted, copy of judgment of acquittal has been
placed on record as Annexure A-2.
6. I have heard learned counsel for the parties.
7. Taking into consideration the facts and circumstances of the case,
nature of allegations, there is no criminal antecedent of recent past
against applicant of similar nature, without commenting anything
on merits, I am inclined to allow the bail application.
8. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail, upon his furnishing a
bail bond in the sum of Rs.25,000/- with one surety in the like sum
to the satisfaction of the Court on the conditions that:-
a) Applicant shall appear before the trial Court regularly on
each and every date, unless exempted from appearance.
b) Applicant shall not, in any manner, tamper with the
prosecution witnesses.
c) If the applicant is found involved in similar offence in the
future, it will be open for the State to apply for cancellation of
Bail.
Certified copy as per rules.
Sd/-/---/-/-
(Parth Prateem Sahu)
Judge
Praveen
