Sanjay Sahu vs State Of Chhattisgarh

Ramesh Sinha, J

This is the irst bail application iled 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. 312/2024 registered at Police Station- Kharora, District- Raipur (C.G.), for the ofence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

Case of the prosecution, in brief, is that, on 05/05/2024 the concerned police station Kharora received secret information through informant during the course of patrolling and went to village Bangoli of Sanjay Sahu who is selling the illegal liquor. At the same time the informant given information that the applicant having liquor a large quantity of Mahua Liquor for the purpose of sale. On the basis of such information the police reached on the spot and in presence of witness and constable surrounding the house of applicant and raid proceeding has been started and in the house of applicant 98 quarters of country made liquor has been seized from the possession of applicant i.e. total 18.640 bulk liter. Thereafter, the crime has been registered against the applicant.

It has been argued by the learned counsel for the applicant that the present applicant has been falsely implicated in this case and no recovery has been made from his exclusive possession. It is further argued by him that the applicant has no criminal antecedent and the charge-sheet has been iled before the competent Court. He further submits the applicant is in jail since 05.05.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

On the other hand, learned Panel Lawyer, appearing for the State/non-applicant opposes the bail application but admits the fact that the present applicant has no criminal antecedents and in the present case, charge-sheet has been iled before the competent Court further, the quantity of liquor seized i.e. 18.640 bulk liters of country made liquor. As such the present applicant is not entitled for grant of bail.

I have heard learned counsel appearing for the parties and perused the case diary.

Taking into consideration the facts and circumstances of the case that there is no criminal antecedent of the present applicant and in the present case, charge-sheet has been iled before the competent Court further he is in jail since 05.05.2024 and the conclusion of the trial will take some more time, this Court is of the view that the present applicant is entitled to be released on bail in this case.

Let the applicant –Sanjay Sahu involved in Crime No. 312/2024 registered at Police Station- Kharora, District- Raipur (C.G.), for the ofence punishable under Sections 34(2) of the Chhattisgarh 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 ile an undertaking to the efect that he shall not seek any adjournment on the dates ixed 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 ixed, either personally or through his counsel. In case of his absence, without suicient cause, the trial court may proceed against him 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 ixed 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 ixed 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 suicient 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 an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment.

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