Komeshwar Prasad Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 578 of 2021 • Komeshwar Prasad Sonwani S/o Hemlal Sonwani Aged About 23 Years R/o Quarter No. 19 AB, Street- 15, Sector- 02, Ward No. 40, Bhilai 1, Durg, District- Durg, (C.G.).

---- Applicant

Versus

• State Of Chhattisgarh Through The Outpost Belgahna, Police Station Kota, District- Bilaspur (C.G.).

(wrongly mentioned as P.S. Excise Circle Kota in the order sheet of Court below) ---- Non-Applicant/State For Applicant :

Shri S.S. Baghel, Advocate For Non-Applicant/State :

Dr.(Ms.) Veena Nair, Dy.A.G.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 29.01.2021

1) Heard on admission.

2) The application is admitted for hearing.

3) With the consent of the parties, the matter is heard finally.

4) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 18.07.2020 in connection with Crime No.291/2020, registered at Police Station O.P. Belgahna, P.S. Kota, District - Bilaspur (C.G.) for the offence punishable under Section 34 (2), 42, 59 (A) of C.G. Excise Act.

5) Allegation against the applicant is that he was found in illegal possession of 9 Ltrs. liquor.

6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he has not

committed any offence. He further submits that the co-accused persons have already been granted bail by the co-ordinate Bench of this Court vide orders dated 23.12.2020 and 10.12.2020 in MCRC No. 6222 of 2020 and MCRC No. 5532 of 2020, applicant has no criminal antecedent and as the applicant has been arrested on 18.07.2020 and trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

7) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application, however, the applicant has no criminal antecedent.

8) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the liquor was seized from the applicant, considering the fact that coaccused persons have already been granted bail by the coordinate Bench of this Court, quantity of illicit liquor, the detention period of the applicant and the fact that the applicant has no criminal antecedent as admitted by both the counsels and conclusion of trial may take some time, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- (a) he 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 from disclosing such fact to the Court.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim