Kamal Narayan Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 941 of 2021 1.

Kamal Narayan Sahu S/o Jagannath Sahu, Aged About 32 Years, R/o Village Bhansoj, P.S. Aarang, District Raipur (C.G.) (Wrongly Mention In Order Sheet) ---- Applicant

Versus

1.

State Of Chhattisgarh, Through P.S. Mana Camp, Raipur (C.G.). ---- Non-Applicant For Applicant :

Mr. Devershi Thakur, Advocate.

For Non-Applicant/State :

Ms. Shobha Shrivastava, Panel Lawyer.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 08/02/2021 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 applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 17/12/2020 in connection with Crime No. 192/2020 registered at Police Station Mana Camp Raipur, District Raipur (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

5) Allegation against the applicant is that he was found in illegal possession of 45 bulk Ltrs. of foreign liquor. 6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that similarly situated co-accused Vinay Bisen has already been granted regular bail by this Court vide order dated 15/01/2021.

He further submits that the applicant has been arrested on 17/12/2020 and trial is likely to take some time for its disposal. He also submits that the applicant has no criminal antecedent. Therefore, the applicant be released on bail by this Court. 7) On the other hand, learned counsel for the respondent/State opposes the bail application. 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, 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 no criminal antecedent as admitted by both the counsel, in particular the fact that similarly situated coaccused has already been released on bail by this Court, and that 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 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 Chandrakant