Muradabad Uttar Pradesh v. State Of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:17906 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2984 of 2025 1 - Md. Ajeem S/o Gayyur Hussain Aged About 28 Years R/o Village Fatehpur Khas, Thana - Mainather, District - Muradabad Uttar Pradesh 2 - Sumit Choudhari S/o Ranvir Choudhari Aged About 30 Years R/o Village Jatpura, Post - Fatehpur Khas, Thana - Mainather, District - Muradabad Uttar Pradesh ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station - Kharsia, District – Raigarh, Chhattisgarh. ... Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Hari Agrawal, Advocate. Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 21.04.2025 Order on Board 1. 2. Proceedings of this matter have been taken through video conferencing. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 93/2025, registered at Police Station – Kharsia, District – Raigarh (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act. 3. The case of the prosecution, is that on 15.02.2025, in view of the local 2 body election, the Police have created a mobile check post and were checking vehicles plying on Kharsia National Highway No. 49. Further, at around 6:15 PM, the vehicle in question i.e. a Container Truck bearing registration plate U.P. 78 DN 3531 was coming from Sakti side direction but upon seeing the Police party, the vehicle took a turn and changed its direction, thereafter, the Police followed the said vehicle and found said vehicle lying in a pit in an accidental condition, upon checking the said vehicle, the police authorities found a total of 8820 bulk litres of English Royal Gold Cup in the container, since the accused persons failed to produce any valid document regarding the liquor, said liquor was seized and the accused persons were arrested for said offence. Hence, this application. 4. It is argued by the learned counsel for the applicants that the applicants are innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicants. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that the seized liquor was being transported from Bangalore to Bhutan under a valid license and Import-Export, and regarding the same the copy of the permit, license, bill-T showing the Truck No. is annexed with the bail application. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. The applicants are in jail since 15.02.2025 and trial is likely to take some time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered 6. 7. 3 against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that a total of 8820 bulk litres of English Royal Gold Cup in the container has been seized from the possession of the present applicant, therefore, he is not entitled for grant of bail. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicants, further the seized liquor was being transported from Bangalore to Bhutan under a valid license and Import-Export, and regarding the same the copy of the permit, license, bill-T showing the Truck No. is annexed with the bail application, charge-sheet has been filed against the applicants and they are in jail since 15.02.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Md. Ajeem and Sumit Choudhari, involved in Crime No. 93/2025, registered at Police Station – Kharsia, District – Raigarh (C.G.) for the offence punishable under Section 34(2) of C.G. Excise Act, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed 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. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The appplicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice