Bail u/s 439 of CrPC can be granted to a first time offender booked under Section 34 (2) of the Chattisgarh Excise Act.: Chhattisgarh High Court

Bail u/s 439 of CrPC can be granted to a first time offender booked under  Section 34 (2) of the Chattisgarh Excise Act.: Chattisgarh High Court

Sec 439 of CrPC grants High Court or a Court of Session special powers to grant bail to any person in custody. the applicable notifications, then there is no justification for denying the sale tax exemptions. A single bench comprising of Justice Sanjay K. Agrawal adjudicating the matter in Dinesh Kumar Chandra. v. State of Chattisgarh (MCRC No.2990 of 2021) dealt with the issue of granting bail to the accused who is in custody.

The Petitioner here is arrested on the charges of the offense punishable under Section 34 (2) of the Excise Act as around 20 litres of illicit liquor was seized by the Police from the applicant in the present case.

The counsel on behalf of the Petitioner submitted that the Petitioner has been falsely implicated in the crime for which he is been in custody since 03.05.2021. The Opp. Party opposes the bail application and implicates the accused of the criminal incident and discredits his case and denies any relief sought by the Applicant

The Court after looking upon the claims and taking into consideration the conditions enumerated in Section 59-A(ii) of the Chhattisgarh Excise Act, 1915 and the fundamentals and principles of law laid down in the case Banti Singh v. State of Chhattisgarh,   concluded that in the present case the criminal ancedent on behalf of the Accused  is missing and stated that ” only   20   bulk liters of illicit liquor has been seized from him, which is more than the prescribed limit of 5 bulk liters, but looking to the fact that it is first offence of the applicant and he is in   custody   since   03.05.2021   and   the   case   is triable by the Judicial Magistrate First Class and trial is likely to take some more time and further   taking   into   account   the   nature   and gravity   of   offence   and   plea   raised   by   the applicant that he has falsely been implicated in case, I am of the opinion that present is a fit   case,   in   which   the   applicant   should   be enlarged on regular bail.”

The bail application under Section 439 CrPC was allowed. And the court directed that,” on furnishing a personal bond in the sum of  ₹ 25,000/­  with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed, the   applicant   shall   be   released   on   bail, subject to following conditions:

  1. That,   the   applicant   shall furnish a specific undertaking that while on   bail,   he   will   not   commit   any   excise offence,   otherwise   bail   granted   to   him shall be liable to be cancelled and shall co­operate the prosecution during trial.
  2. That,   the   accused/applicant shall   make   himself   available   for interrogation   before   the   concerned Investigating   Officer   as   and   when required   and   the   accused/applicant   shall not,   directly   or   indirectly,   make   any inducement,   threat   or   promise   to   any person   acquainted   with   the   facts   of   the case   so   as   to   dissuade   him/her   from disclosing such facts to the Court or to any police officer. 
  3. That,   the   accused/applicant shall not act, in any manner, which will be   prejudicial   to   fair   and   expeditious trial.”

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