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2024:CGHC:47087
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8318 of 2024
• Tarun Bharti S/o Shri Dinesh Bharti Aged About 28 Years R/o
Near Padumtara School, Thana- Thelkadih, District :
Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
... Applicant
versus
• The State Of Chhattisgarh Through Police Out Post Chikhali,
Police Station- Kotwali, District : Rajnandgaon, Chhattisgarh
... Non-Applicant
: Mr. Rajendra Patal, Advocte
For Applicant
: Mrs. Subha Shrivastava, Panel Lawyer
For Non-Applicant
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
29.11.2024
The applicant has preferred this First Bail Application under
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Section 483 of B.N.S.S. for grant of regular bail, as he has been
arrested in connection with Crime No. 671/2024, registered at
Police Station Kotwali, District - Rajnandgaon (C.G.) for the
offence punishable under Section 34(2) of the C.G. Excise Act.
The case of the prosecution, in brief, is that the police of Police
2.
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Station Kotwali, District - Rajnandgaon (C.G.), received an
information from the informant and on the basis of the said
information conducted a raid and seized total 09 bulk liters of
illicit liquor from the possession of the present applicant,
thereafter, Police Officers has registered an offence punishable
under Section 34(2) of the C.G. Excise Act.
It is argued by the learned counsel for the applicant that the
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applicant is falsely implicated in this case. It is further argued by
him that the applicant has 07 previous criminal antecedent out of
which 2 cases are Istgasa and 2 are IPC which have been
disposed off and 3 cases are of Excise Act, in which the
applicant has already been acquitted. He further submits that
the applicant is in jail since 21.10.2024 and trial is likely to take
some time for its conclusion. He also submits that under
Section 34(2) of the Excise Act, minimum punishment is one
year and maximum punishment is three years and the charge-
sheet has also been submitted, therefore, he prays grant of
bail.
On the other hand, the learned counsel for the State opposes
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the bail application but admits that the the applicant has 07
previous criminal antecedents and charge-sheet has been filed
and further submits that 09 liters of illicit liquor was recovered
from the possession of the applicant, therefore, he is not
entitled for grant of bail.
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I have heard learned counsel appearing for the parties and
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perused the case diary.
Taking into consideration the facts and circumstances of the
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case, nature and gravity of allegation levelled against the
applicant and the fact that the applicant has 07 criminal
antecedents out of which 2 cases are under the Istgasa and 2
cases are of IPC, which have been disposed off and 3 cases are
under the Excise Act, in which the applicant has already been
acquitted and also considering the fact that the charge-sheet
has been filed and he is in jail since 21.10.2024 and conclusion
of the trial is likely to take some time, I am inclined to allow this
application.
Let applicant, Tarun Bharti, involved in Crime No. 671/2024,
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registered at Police Station Kotwali, District - Rajnandgaon
(C.G.) for the offence punishable under Sections 34(2) of the
C.G. Excise Act, be released on bail on her furnishing 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
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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 her 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 bail and
proceed against him in accordance with law.
However, this Court hopes and trusts that the trial Court shall
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make earnest endeavour to conclude the trial as expeditiously
as possible, if there is no legal impediment.
Office is directed to provide a certified copy of this order to the
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trial Court concerned for necessary information and compliance
forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Manish