Mukteshwar And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 717 of 2021

1. Mukteshwar, S/o Ganesh, Aged About 29 Years, CasteRajput,

2. Kulesh Nag S/o Dilip Nag Aged About 28 Years , CasteGond,

3. Prem Patel S/o Krisnalal Aged About 20 Years , CasteMarar, All R/o- Village Dongaripali, Police Station- Saraipali, District- Mahasamund (C.G.). ---- Applicants

Versus

• State of Chhattisgarh, Through: Station House Officer Police Station Saraipali, District- Mahasamund, Chhattisgarh. ---- Non-applicant For Applicants :

Shri Vikash Pradhan, Advocate For Non-Applicant/State :

Smt. Smriti Shrivastava, P.L.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 09.03.2021

1) The applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 07.07.2020 in connection with Crime No.243/2020 registered at Police Station- Saraipali, DistrictMahasamund (C.G.), for the offence punishable under Section 34 (2) of C.G. Excise Act.

2) Allegation against the applicants is that they were found in illegal possession of 505 bulk Ltrs country made liquor.

3) Learned counsel for the applicants submit that the applicants have been falsely implicated in the crime in

question. Learned counsel for the applicants further submits that the applicants are young offenders, they have no criminal antecedents, The applicants are young offenders, chargesheet has already been filed, there is no likelihood of the applicants tampering with the prosecution evidence or absconding and as the applicants have been arrested on 07.07.2020 and trial is likely to take some time for its final disposal. Therefore, the applicants be released on bail by this Court.

4) On the other hand, learned counsel for the respondent/State opposes the bail application, however, she submits that the applicants have no criminal antecedent.

5) 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 applicants, considering the quantity of illicit liquor, the detention period of the applicants, age of the applicants, charge-sheet has already been filed, the fact that the applicants have no criminal antecedents, there is no likelihood of the applicants tampering with the prosecution evidence or absconding as admitted by both the counsels and conclusion of trial may take some time, the application is allowed.

6) It is directed that in the event of each of the applicants 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, they shall be released on bail on the following conditions:- (a)they 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)they shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

(d) they shall not involve themselves in any offence of similar nature in future or else this order granting bail to the applicants 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 applicants involving themselves in similar offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim