Maniram Bhardwaj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2206 of 2021 • Maniram Bhardwaj s/o. Faguram Bhardwaj, aged about 30 years, r/o. Sudheli, PS City Kotali, distt. Baloda Bazar, Bhatapara (CG). ---- Applicant

Versus

• State Of Chhattisgarh Through the Station House Officer, Police Station City Kotwali, Balodabazar, Bhatapara ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Shivali Dubey, Advocate.

For State :

Mrs. Hamida Siddiqui, Dy.A.G.

Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 24-05-2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 1-2-2021 in connection with Crime No. 721 of 2020 registered in Police Station- City Kotwali, Balodabazar, Bhatapara (CG) for the offence punishable under Section 34(2) of the CG Excise Act.

2. Allegation against the applicant is that he was found in illegal possession of 8.640 bulk liters of English wine.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 1-2-2021 and conclusion of the trial is likely to take some time. He would further submit that other co-accused persons have already been granted bail by order dated 19-3-2021 passed by co-ordinate Bench of this Court in MCRC Nos.8508 of 2020, 234 of 2021, 1113 of 2021 and 8535 of 2020, therefore, present applicant may also be

granted bail on the ground of same parity.

4. On the other hand, learned counsel for the State though opposes the bail application, but did not dispute the fact that the other coaccused persons have already been granted bail by co-ordinate Bench of this Court.

5. 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 conclusion of the trial may take some time and also further considering the fact that the other co-accused persons have already been granted bail by co-ordinate Bench of this Court, without expressing any opinion on merits of the case, the application is allowed. It is directed that in the event of applicant executing a personal bond in the sum of Rs.25,000/- with one local surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.

6. In view of the above, I.A.No.1 of 2021, application for urgent hearing and I.A.No.2 of 2021, application for hearing during summer vacation stand disposed of.

Sd/- (Narendra Kumar Vyas) Vacation Judge Raju