Manoj Kumar Rai vs State Of Chhattisgarh

Ramesh Sinha, J

The applicant has preferred this First Bail Application under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 96/2024, registered at Police Station – Excise Circle- Charama, District – North Baster Kanker (C.G.) for the offence punishable under Section 34(2) and 59 (A) of C.G. Excise Act.

The case of the prosecution, is that the Police of Police Station – Excise Circle- Charama, District – North Baster Kanker (C.G.) has received a secret information through the informant and on the basis of such information, the Police seized a total of 48.28 liter local liquor from the possession of the present applicant. Thereafter, the applicant has been arrested by the Police and the offence was registered.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the applicant is having one criminal antecedent of the year 2019

under Section 36 (च) of the Excise Act. It is further submitted that the charge-sheet has been filed in this case. It is also submitted that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicant is in jail since 28.03.2024 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail.

On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedent of the year 2019 under Section 36 (च) of the Excise Act registered against the present applicant and the charge-sheet has already been filed in this case. It is further submitted that a total of 48.28 liter local liquor has been seized from the possession of the present applicant, therefore, he is not entitled for grant of bail.

I have heard learned counsel for the parties and perused all of the documents available on record.

Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has one criminal antecedent of the year 2019 under Section 36 (च) of the Excise Act, which is old and stale and in the present case charge-sheet has been filed before the competent Court and he is in jail since 28.03.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

Let applicant, Manoj Kumar Rai , involved in Crime No. 96/2024, registered at Police Station – Excise Circle- Charama, District – North Baster Kanker (C.G.) for the offence punishable under Section 34(2) and 59 (A) of C.G. Excise Act., be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously as possible preferably from the production of certified copy of this order, if there is no legal impediment.

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