NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1507 of 2024 Santosh Nayak S/o Late Shri Ramprasad Aged About 48 Years R/o Vill.

Pipersatti, P.S. Akaltara, Dist. Janjgir-Champa (C.G.)

---- Applicant Versus State of Chhattisgarh Through District Magistrate, Dist.- Janjgir-Champa, C.G. (Charge Sheet Has Been Filed Before Chief Judicial Magistrate Janjgir, Dist. Janjgir-Champa (C.G.)

---- Non-applicant (Cause-tile taken from the Case Information System)

For Applicant : Mr. Ravindra Sharma, Advocate.

For Respondent/State : Mr. Shrikant Kaushik, Panel Lawyer.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

07.03.2024

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. 159/2024, registered at Police Station – Excise Flying Squad Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act.

2. The case of the prosecution, is that on 26.01.2024 the Excise Flying Squad Bilaspur has received a secret information and on the basis of such information, the Police has seized a total of 20 bulk liters of handmade mahua liquor near the pond of the Village. Thereafter, the Excise Flying Squad Bilaspur arrested the applicant and the offence has been 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. It is further submitted that the Excise Flying Squad Bilaspur arrested the applicant despite the fact that the liquor has not been seized from the exclusive and conscious possession of the applicant. It is further submitted that there is one criminal antecedent against the present applicant under Section 34(2) of the Excise Act of the year 2017 and the same has been disposed of on 21.10.2019 and in the other case under Section 36(C) of the Excise Act, the fine has been imposed upon the applicant by the learned Judicial Magistrate First Class Akaltara, District – Janjgir-Champa (C.G.) vide order dated 11.02.2023. It is further submitted that the charge-sheet has been filed in this case. It is also submitted that the marriage of the applicant’s daughter is also fixed for 14.03.2024, and the marriage card has been annexed by the applicant as Annexure A-2. 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 26.01.2024 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail.

4. On the other hand, the learned counsel for the State opposes the bail application and submits that there is criminal antecedent against the present applicant under Section 34(2) of the Excise Act of the year 2017 and the charge-sheet has already been filed in this case. He further submits that a total of 20 bulk liters of handmade 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. It transpires that the explanation has been given by the counsel for the applicant about the criminal antecedents in para 4 & 5, and from the perusal of the same it appears that the cases which have been registered against the applicant are old and stale and some of the cases have also been disposed of. The marriage of the applicant’s daughter is to be solemnized on 14.03.2024 and the marriage card has been annexed with the bail application as Annexure A-3. The learned State counsel has also verified the same.

7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that charge-sheet has been filed against the applicant and he is in jail since 26.01.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this applicati