Satya Devi Kashyap vs State Of Chhattisgarh

Learned counsel for the applicant states that he does not want to press the ad-interim bail application i.e. I.A. No. 01/2023 which has been filed on behalf of the applicant on the medical grounds. He further states that the present matter may be finally heard.

In view of the same, the ad-interim application i.e. I.A. No.01/2023 is rejected and the Court proceeds to hear the matter finally as the learned State Counsel states that she is having the case diary.

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. 262 of 2023 registered at Police Station –Janjgir Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

Case of the prosecution, in brief, is that the police officers of the concerned Police Station has seized 8.620 bulk liter foreign liquor from the exclusive possession of the applicant as per information given by the informer

It has been argued by the learned counsel for the applicant that the liquor has not been seized from the exclusive possession of the present applicant and has been falsely implicated in the crime in question. He further submits that there is no criminal antecedent against the applicant and the applicant is in jail since 05.09.2023, hence he prays that the applicant be enlarged on bail.

On the other hand, learned State counsel, opposed the bail application, however, she fairly submits that there is no previous criminal antecedents against the applicant.

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

Taking into consideration the facts and circumstances and also considering the quantity of liquor seized which is 8.620 bulk liter, there is no criminal antecedents against the applicant, she is in jail since 5.09.2023 and conclusion of trial may take some more time, this Court is the view that the applicant is entitled to be released on bail in this case.

Let applicant, Smt. Satya Devi Kashyap, involved in Crime No. 262/2023, under Section 34(2) of the Chhattisgarh Excise Act, Excise Circle – Nawagarh Janjgir Champa (C.G.), be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that she 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 her, 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 applicants are 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 her in accordance with law.

However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment.

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