Order on Board

27/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 45/2019 registered at Police Station – the Exice OfÏcer, Excise Circle- Saraipali, District Mahasamund (C.G.) for the offence punishable under Section 34 (2) of the C.G.

Excise Act.

• It is the case of the prosecution that, 15.00 bulk liters of illicit liquor was seized by the police from the custody of applicant and thereby committed the offence.

• Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that as the applicant is in custody since 31.10.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• Taking into consideration the condition incorporated in Section 59-A(ii) of the C.G. Excise Act, 1915, and bearing in mind the principles of law laid down in Banti Singh v. State of Chhattisgarh (M.Cr.C. No.6846 of 2014), decided on 05.01.2015), if the facts of present case are exa