BANTI SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Section 439 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for grant of regular bail, the applicant has filed this application, who has been arrested in connection with Crime No. 682 of 2014 registered at Police Station Chhaoni, District, Durg (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915 (in short 'the Act'). Case of the prosecution, in brief, is that, applicant was found in possession of 9 bulk liter of country made liquor without valid authority of law, which is offence punishable under Section 34(1)(a) of the Act.

(2.) Shri Rajesh Jain, learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case as such, there are reasonable grounds for believing that he is not guilty of such offence and he is ready and willing to submit undertaking that he will not commit any such offence if privilege of regular bail is granted by this Court. He would further submit that applicant has no criminal antecedent as no excise offence has previously been committed by him, and therefore, he be released on regular bail.

(3.) On the other hand, Smt. Anusuiya Rajput, learned counsel appearing for the State/non-applicant would oppose the prayer for grant of bail and submit that the applicant was found in possession of more than 5 bulk liters country made liquor without any authority of law and therefore unless the condition mentioned in Section 59-A(ii) of the Act are satisfied, the applicant is not entitled to be released on bail.