Umakant Vanshe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 822 of 2021 1.

Umakant Vanshe S/o Khedu Ram Vanshe, Aged About 30 Years, 2.

Devendra Diwan S/o Dvarika Diwan, Aged About 48 Years, Both are R/o Village Farhada, P.S. Kharora, Tehsil And District Raipur (C.G.).

---- Applicants

Versus

1.

State Of Chhattisgarh, Through P.S. Kharora, District Raipur (C.G.).

---- Non-applicant For Applicants :

Shri Devershi Thakur, Advocate.

For Non-Applicant/State :

Shri Shrikant Kaushik, Penal Lawyer.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 04/02/2021 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 applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 15/01/2021 in connection with Crime No. 19/2021 registered at Police Station Kharora, District Raipur (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 5) Allegation against the applicants is that they were found in illegal possession of 12.360 bulk Ltrs. of foreign liquor (Goa Whisky). 6) Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. The applicants were arrested on 15/01/2021. He also submits that the

applicants have no criminal antecedents and conclusion of trial is likely to take some time for its disposal. Therefore, the applicants be released on bail by this Court.

7) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that the applicants have no criminal antecedents.

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 applicants, considering the quantity of illicit liquor, the detention period of the applicants and the fact that the applicants have no criminal antecedent as admitted by both the counsel and that conclusion of trial may take some time, the application is allowed. It is directed that in the event each of the applicants 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, they shall be released on bail on the following conditions:- i.

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, ii.

they shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii.

they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. iv.

they shall not involve themselves in any offence of similar nature in future.

-Sd/- (Gautam Chourdiya) Judge Chandrakant