Mahaveer Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 491 of 2021 • Mahaveer Patel S/o Dev Prasad Patel Aged About 26 Years Caste - Patel, R/o Village Pragti Nagar, Darri, Police Station And Tahsil - Darri, District Korba (Chhattisgarh). ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Excise Circle - Darri, District Korba (Chhattisgarh). ---- Non-Applicant/State For Applicant :

Shri Aditya Khare, Advocate For Non-Applicant/State :

Shri Dinesh Tiwari, Dy.G.A.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 27.01.2021

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 in connection with Instgasha No. 62/2020, registered at Police Station Excise Cirlce-Darri, District- Korba (C.G.) for the offence punishable under Section 34(1), 34 (2), 59(A), (B) (wrongly mentioned as 31(A)A, 2, 5, 9(A)) of C.G. Excise Act.

5) Allegation against the applicant is that he was found in illegal possession of 15 Ltrs. Country made 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 applicant has only one criminal antecedent and as the applicant has been

released on parole after completion of 21 days and he was again arrested on 30.12.2020 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 one 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 quantity of illicit liquor, the detention period of the applicant and the fact that the applicant has only one 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