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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1854 of 2024
Heeralal @ Bauna Khadiya S/o Premlal Khadiya Aged About 40 Years
R/o Village Rampagula, Police Station Sarangarh, District : Sarangarh-
Bilaigarh, Chhattisgarh
---- Applicant
Versus
State of Chhattisgarh Through Collector, District : Sarangarh-Bilaigarh,
Chhattisgarh
---- Non-applicant
For Applicant : Mr. Udho Ram Koshaley, Advocate.
For Non-applicant/State : Mr. Rishabh Bisen, Panel Lawyer
Hon'ble Shri Justice Narendra Kumar Vyas
Order On Board
28.03.2024
1. 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. 662/2023, registered at Police Station
Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence
punishable under Sections 34(2) and 59 (A) of the C.G. Excise Act.
2. The case of the prosecution, is that the Police of Police Station
Sarangarh, District – Sarangarh-Bilaigarh (C.G.) has received a secret
information through the informant that the unknown persons were
transporting with illegal liquor to sale and on the basis of the said
information, the Police has seized a total of 120 liters of country made
Mahua liquor from the possession of the present applicant. Thereafter,
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the applicant has been arrested by the Police and the offence was
registered.
3. It is argued by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in this case and there is no
criminal antecedents against the present applicant. It is further
submitted that the charge-sheet has been filed in this case. He further
submits 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 14.02.2024 and trial is likely to take some time
for its conclusion, therefore, he prays grant of bail.
4. On the other hand, the learned counsel for the State opposes the bail
application but admits that there is no criminal antecedents registered
against the present applicant and the charge-sheet has already been
filed in this case. He further submits that a total of 120 liters of country
made Mahua liquor has been seized from the possession of the present
applicant, therefore,he is not entitled for grant of bail.
5. I have heard learned counsel for the parties and perused all of the
documents available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the
fact that there is no criminal antecedents registered against the present
applicant, the charge-sheet has been filed against the applicant and he
is in jail since 14.02.2024 and conclusion of the trial is likely to take
some time, I am inclined to allow this application.
7. Let applicant, Heeralal @ Bauna Khadiya, involved in Crime No.
662/2023, registered at Police Station Sarangarh, District – Sarangarh-
Bilaigarh (C.G.) for the offence punishable under Sections 34(2) and 59
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(a) of the 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 they
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 their counsel. In case
of their 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 misuse the liberty of bail during trial and
in order to secure their 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 them in accordance with law.
8. However, this Court hopes and trusts that the trial Court shall make
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earnest endeavour to conclude the trial expeditiously, if there is no legal
impediment.
9. Office is directed to provide a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
(Narendra Kumar Vyas)
Judge
Bhumika