Gaurav Jaiswal vs State of Chhattisgarh

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 169/2023 registered at Police Station Ramanujnagar, District Surajpur, for the offence punishable under Section 34(2), 49(a), 36 of the C.G. Excise Act.

Case of the prosecution, in brief, is that on 07.09.2023, the police of Police Station, Ramanujnagar, received an information that the main accused namely Vikas Jaiswal along with his other relatives has came from Madhya Pradesh in Pickup vehicle having illegal liquor and has kept all the liquor  near the house of one Manohar Singh and today they are going to transfer it to other place. The police authority reached the spot and accused Vikash Jaiswal was seating inside the pickup. Thereafter search was conducted, it is alleged that from the said vehicle Goa whisky – quantity 603 liters, Officer’s Choice – quantity 17.280 liters, MC Dowells No.1 – 25.920 liters, Mount Strong Beer – 60 liters total 706.20 liters were seized from the possession of Vikas Jaisawal and on the basis of statement that he came there along with other accused including Rajnarayan, his minor son Ganesh and present applicant, their names were added.

It has been argued by the learned counsel for the applicant that the present applicant is innocent and he has not committed any offence as alleged against him, he has been falsely implicated in the crime in question, the main accused is Vikas Jaiswal and because of the enmity between Vikas Jaisawal and family of the present applicant, the main accused took the name of the present applicant. He further submits that charge-sheet has not been filed in this case and the trial of the case would take quite long time and it would not be proper to keep the applicant detained for such period. The applicant is languishing in jail since 07.09.2023. Hence, he prays that the applicant may be enlarged on regular bail.

On the other hand, learned State counsel submits that as per the instructions received, though charge sheet has not been filed in this case, however, he opposes the bail application and submits that looking to the quantity of liquor seized which is 706.20 bulk liters, the applicant may not be released on bail.

I have heard learned counsel for the parties, gone through the bail application along with its annexures and have also perused the case diary.

Considering the facts and circumstances of the case, and quantity of foreign liquor i.e. 706.20 bulk liters, I do not find it as a fit case to enlarge the applicant on bail. Accordingly, the aforesaid bail application of the applicant- Gaurav Jaiswal, involved in Crime No. 169/2023 registered at Police Station Ramanujnagar, District Surajpur, for the offence punishable under Section 34(2), 49(a), 36 of the C.G. Excise Act, is rejected.

However, this Court hopes and trust that the if the police report is submitted under Section 173(2) of the Cr.P.C., the trial Court shall make earnest endeavour to conclude the trial expeditiously, as directed earlier by this Court vide order dated 13.10.2023 passed in MCRC No. 7190/2023 filed by the co-accused Vikash Jaiswal.

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.