Komal Kahar @ Pintu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1015 of 2021 • Komal Kahar @ Pintu, S/o Shri Hiralal Kahar, aged about 25 Years, R/o Ward No. 11, Vridavan Colony, PS and Tahsil- Mahasamund, Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Through the Station House Officer, P.S. Mana Camp, District- Raipur, Chhattisgarh.

---- Non-applicant For Applicant Shri Basant Dewangan, Advocate.

For State Shri Dinesh Tiwari, Deputy G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 10/02/2021

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 application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.192/2020 registered at Police Station Mana Camp, District Raipur, 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 27 bulk litres of foreign liquor (Goa Whisky).

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 26.12.2020, he has no criminal antecedent, conclusion of trial is likely to take some time and that co-accused namely Vinay Bisen in this case has already been granted regular bail by this Court vide order dated 15.01.2021 passed in MCRC No.257 of 2021 and, therefore, the applicant be released on bail on the ground of parity.

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 that co-accused has already been granted regular bail by this Court 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.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 Akhilesh