NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5263 of 2024  Somu Gopal S/o Late Munna Gopal, Aged About 35 Years, R/o-

Dewarpara, Subhash Nagar, Near Vridha Asharam Police Station-

Telibandha, District- Raipur ( C.G.).

---- Applicant Versus  State of Chhattisgarh Through- Station House Officer, Police Station-

Telibandha, District- Raipur ( C.G.).

---- Non-Applicant (Cause Title taken from Case Information System)

For Applicant : Mr. Sanskar Rajput, Advocate holding the brief of Mr. Shivendu Pandya, Advocate.

For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

25.07 . 2024

1. This is the irst bail application iled under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail to the applicant who has been arrested in connection with Crime No. 281/2024 registered at Police Station- Telibandha, District – Raipur (C.G.), for the ofence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that on 12.04.2024 some information being received to the Police Station that the present accused/applicant possessed illicit liquor. On that the Police Oicers raided on the spot where the applicant was kept the illicit liquor of more than 05 liters i.e. 06.300 liters was seized from the present applicant.

Thereafter, the police has registered the case against the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is further submitted that there appears to be some criminal antecedents of the applicant but the same are old and stale and out of 10, six cases are under the Gambling Act and left other are under the Excise Act, in one cases he has been acquitted. In the present case, the charge-sheet has been iled. The applicant is in jail since 12.04.2024. It is further argued by him that under Section 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants.

4. Learned counsel for the State/non-applicant the bail application. He further submits that the applicant is having 10 pervious criminal antecedents, out of which six cases are under the Gambling Act and others are under the Excise Act, though the charge-sheet has been iled. The applicant is in jail since 12.04.2024, therefore, he is not entitled for grant of bail.

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

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is having 10 previous criminal antecedents but the same are old and stale and out of 10, six cases are under the Gambling Act and other cases are under the Excise Act, which are old and stale and he has been acquitted in one case of the IPC, though the charge-sheet has been iled, he is in jail since 12.04.2024. Further, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the applicant- Somu Gopal, involved in Crime No. 281/2024 registered at Police Station- Telibandha, District – Raipur (C.G.), for the ofence punishable under Sections 34(2) of the Chhattisgarh Excise Act, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall ile an undertaking to the efect that he shall not seek any adjournment on the dates ixed 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 ixed, eit