Makhanlal Kurrey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 528 of 2021 • Makhanlal Kurrey, S/o Dujeram, aged about 42 Years, R/o Village Kisan Parsada Jairamnagar, District Bilaspur (Chhattisgarh). ----Applicant

Versus

• State of Chhattisgarh, Through Police Station Masturi, District Bilaspur (Chhattisgarh).

----Non-applicant For Applicant Shri Umesh Verma, Advocate.

For State Shri Vimlesh Bajpai, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 28/01/2021

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 application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.125/2020 registered at Police Station- Masturi, District Bilaspur, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

5. Allegation against the applicant is that he was found in illegal possession of 14 bulk litres of hand made liquor (Mahuwa).

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he was arrested on 03.04.2020 and thereafter released on the temporary bail on 18.05.2020 due to COVID-19

Pandemic, though in the bail application it is wrongly mentioned that he was released on temporary bail on 03.04.2020. In this case, charge sheet has already been filed, the applicant has no criminal antecedent and conclusion of trial is likely to take some time, therefore, the applicant be released on bail.

7. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedent.

8. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the 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 counsel and conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) 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, (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (iv) he shall not involve himself in any offence of similar nature in future.

Sd/- Gautam Chourdiya Judge Akhilesh