Ramlal Kesharwani vs State Of Chhattisgarh
2023 Latest Caselaw 586 Chatt

                                          1

                                                                               NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                       MCRC No. 10630 of 2022

Ramlal Kesharwani S/o Jhallar Prasad Aged About 55 Years R/o Village Khadgawa,
Police Station Khadgawa, District Koriya, (C.G.)

                                                                       ---- Applicant
                                   Versus
State Of Chhattisgarh Through Station House Officer, Police Of Police Station
Khadgawa, District Koriya (C.G.)
                                                          ---- Non-Applicant

For the Applicant                    :   Shri Pragalbha Sharma, Advocate appears
                                         on behalf of Shri Anil Gulati, Advocate
For Non-Applicant                    :   Ms. Shubha Shrivastava, P.L.

                     Hon'ble Shri Justice Sachin Singh Rajput
                                  Order On Board
30.01.2023
    1.

The applicant has preferred the first bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No._417/2022 registered at Police Station Khadgawa, District- Koriya (C.G.) for the offence punishable under Section 34(2), 46, 59(A) of CG Excise Act.

2. The case of prosecution in brief, is that on the basis of an information Police has seized 18 bulk liters of foreign liquor from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in this case. Learned counsel further relied upon the order of this Court passed by this Court in MCRC No.6846 of 2014 (Banti Singh Vs. State of CG) decided on 05.01.2015. Learned counsel also submits that applicant is in jail since 15/11/2022, trial is not concluded as yet and the applicant is ready to abide by all terms and conditions imposed by this Court, therefore, he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application, however, it is submitted that some previous criminal case has been registered against present applicant.

5. Counsel for the applicant submits that he has filed some judgment of acquittal of the applicant.

6. I have heard learned counsel for the parties and considered their rival submissions.

7. Considering the totality of the facts and circumstances of the case, looking to the detention period, quantity of liquor seized, trial may take some time and also in view of order of this Court, I am inclined to allow this bail application.

8. Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

9. It is made clear that the observations made hereinabove is only for the purpose of deciding the bail application and the trial Court will decide the case on its own merit without being influenced by any observation made hereinabove. It is also made clear that the State is at liberty to move an application regarding cancellation of bail of the applicant in the event of applicant involving himself in similar offence in future and violate if any of the conditions.

10. Certified copy as per rules.

Sd/-

(Sachin Singh Rajput) Judge Kamde