1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1974 of 2024
Amrit Toppo S/o Gyan Prasad Toppo, aged about 20 Years, R/o Village
Saraidih, Nawadih, Thana Balco Nagar, Tahsil And District Korba, C.G.
---- Applicant
Versus
State of Chhattisgarh Through - Police Station Balco Nagar, Dist. Korba,
C.G. (Police Station Completely Not Mentioned In Cause Title)
---- Non-applicant
(Cause-tile taken from the Case Information System)
[
For Applicant : None
For Respondent/State : Mr. Sangharsh Pandey, Government Advocate.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
28.03.2024
The applicant has preferred this First Bail Application under Section
1.
439 of Cr.P.C. for grant of regular bail, as he has been arrested in
connection with Crime No.33/2024, registered at Police Station
Balco Nagar, District - Korba, (C.G.) for the offence punishable
under Sections 34(2) of the C.G. Excise Act.
The case of the prosecution, in brief, is that the police of Police
2.
Station Balco Nagar, District - Korba, (C.G.), received an
information from the informant and on the basis of the said
information conducted a raid and seized total 40 bulk liters of hand
made liquor from the joint possession of the present applicant and
three other co-accused (10-10 liters each), thereafter, Police
Officers has registered an offence punishable under Section 34(2)
2
of the C.G. Excise Act.
None appears nor is any representation made on behalf of the
3.
applicant to press this application when the case is called out.
It transpires from the record that the applicant is in jail since
4.
24.01.2024. Hence, the Court proceeds to consider and hear the
bail application of the applicant with the assistance of the State
counsel.
On the other hand, the learned counsel for the State opposes the
5.
bail application but submits that the applicant has no criminal
antecedents and charge-sheet has been filed and further submits
that the 40 bulk liters of hand made liquor seized from the joint
possession of the present applicant and three other co-accused (10-
10 liters each), therefore, he is not entitled for grant of bail.
Taking into consideration the facts and circumstances of the case,
6.
nature and gravity of allegation levelled against the applicant and
the fact that the applicant has no previous antecedents and also
considering the fact that the charge-sheet has been filed and he is
in jail since 24.01.2024 and conclusion of the trial is likely to take
some time, I am inclined to allow this application.
Let applicant, Amrit Toppo, involved in Crime No.33/2024,
7.
registered at Police Station Balco Nagar, District - Korba, (C.G.) for
the offence punishable under Sections 34(2) of the C.G. Excise Act ,
be released on bail on his furnishing personal bond with two
sureties in the like sum to the satisfaction of the court concerned
with the following conditions:-
3
(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 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 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
4
bail and proceed against him in accordance with law.
However, this Court hopes and trusts that the trial Court shall make
8.
earnest endeavour to conclude the trial as expeditiously as possible
within a period of six months, if there is no legal impediment.
Office is directed to provide a certified copy of this order to the trial
9.
Court concerned for necessary information and compliance
forthwith.
After the order was passed Mr. Vikas Kumar Pandey, learned
10.
counsel for the present applicant appeared and submitted that his
presence may be marked.
Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek