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RAKESH MOHAN PANDEY
Khikhbai Nishad, W/o. Jeevan Nishad – Appellant
Versus
State Of Chhattisgarh Through The Police Station, City Kotwali, Balodabazar, (C. G. ) – Respondent
ORDER :
1. This is the first bail application filed under Section 439 of the Cr.P.C. by the applicant for grant of regular bail in connection with Crime No. 50/2023, registered at Police Station – City Kotwali, Balodabazar, District Balodabazar-Bhatapara (C.G.), for commission of offence punishable under Sections 34(1)(b), 34(2) & 36 of Chhattisgarh Excise Act, 1915 (for short “the Excise Act”).
2. As per the prosecution story, on 21.01.2023, acting on a tip-off, the police conducted a raid and seized 279 bulk litres of illicit liquor from the house of the present applicant and thus, the police registered offence as stated above.
3. Learned counsel for the applicant would submit that according to Section 34(2) of the Excise Act, punishment provided for unlawful manufacture, transport, possession, sale, etc. would not be less than one year but which may extend to three years and fine which shall not be less than twenty five thousand rupees but which may extend to one lac rupees. She would further submit that the applicant is innocent; she has falsely been implicated in this case and there is no classification of offence in the Excise Act according to the quantity of liquor seized. T
The court may grant bail considering the absence of seized items, the defendant's criminal record, and the likelihood of a lengthy trial.
Bail under section 59-A(ii) of the M. P. Excise Act can be granted if the Public Prosecutor is heard and the court finds reasonable grounds for believing the accused is not guilty.
The court's decision to grant bail was influenced by the circumstances of the case, including the quantity of seized liquor, pending report on the nature of the liquor, and the period of custody suff....
The Court considered the number of cases and the expected trial duration in granting bail under Section 439 of Cr.P.C. for possession of unauthorized liquor.
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