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2013 DIGILAW 173 (CHH)

SURENDRA PASWAN v. STATE OF C. G.

2013-06-14

G.Minhajuddin

body2013
ORDER 1. Heard on application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), for grant of bail to the applicant/accused-Surendra Paswan. 2. Case diary of Crime No.82/2013 of Police Station Balco Nagar, District Korba for offences under Section 34(2) of the C.G. Excise Act, 1915, perused. 3. Learned counsel for the applicant has submitted that the applicant/accused is innocent and has falsely been implicated. Learned counsel has further submitted that the applicant/accused is in judicial custody since 08-04-2013 and the offences are triable by the Judicial Magistrate First Class. 4. On the other hand, learned counsel appearing for the State has opposed the bail application. 5. As per prosecution, on 08-04-2013, the applicant accused was found in possession of 16 liters of country made liquor which he was possessing unlawfully. On this basis, offences punishable under Section 34(2) of C.G. Excise Act, 1915 have been registered against the applicant/accused. 6. After perusing the case diary and the report submitted by the Station House Officer, Balco Nagar, learned counsel appearing for the State has informed that no other criminal case is pending or was registered against the applicant/accused. 7. In view of the above mentioned facts, in my considered view that there is a prima facie case in favour of the applicant so far as grant of bail is concerned. Hence, the application tiled under Section 439 of Cr.P.C., is allowed. It is ordered that in case the applicant/ accused Surendra Paswan, furnishes a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court for his appearance before that Court, then, he shall be released on bail subject to following conditions: (i) that the 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 of such facts to the Court or to any police officer; (ii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. C.C. as per rules. Application Allowed.