Order on Board

07/12/2023

1. 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. 279/2023 registered at Police Station Utai, District Durg (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that it is alleged that on a secret information being received by inspector of police station Utai, District- Durg (C.G.), the present applicant was found having illegal possession of 50 pieces of country made liquor of 180 ml each for selling and during the investigation, total 09 liter country made bulk liquor was recovered from his possession, therefore, police arrested the applicant and pieces of country made liquor 180 ml each totalling to 09 liter bulk has been seized from the possession of the accused person. Hence, the above offence was registered against the applicant.

3. Mr. Aman Tamrakar, learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The mandatory provisions with regard to search and seizure have not been followed by the Police in this case. He also submits that the under Section 34(2) of the Chhattisgarh Excise Act, minimum punishment is one year and maximum punishment is three years and the applicant is in jail since 26.09.2023 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail.

4. On the other hand, Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the State/non-applicant would oppose the bail application and submits that the applicant is having 04 previous criminal antecedents, one under the Chhattisgarh Excise Act and three under the IPC, he is an habitual offender. As such, he is not entitled for grant of bail.

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

6. Considering the fact that the applicant is having 04 previous criminal antecedents under the Excise Act and the IPC, he is an habitual offender, further he has misused the bail granted to him earlier, and that the quantity of liquor seized is 9 bulk liters country made liquor and also in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Amit Kumar Yadav filed under Section 439 of the Cr.P.C., involved in Crime No. 279/2023 registered at Police Station Utai, District Durg (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, is rejected.

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

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

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