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High Court Of ChhattisgarhMCRC/1371/2021allowed

Sunil Reddy v. State Of Chhattisgarh

2021-03-12Hon'Ble Shri Justice Gautam Chourdiya3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 750 of 2021 • Suresh Kumar Nishad S/o Vishal Nishad Aged About 30 Years R/o Village Hathkhoj, Thana Fingeshwar, District- Gariyaband Chhattisgarh. At Present R/o Village Shrinagar, Gudhyari, Raipur Thana Gudhyari, District- Raipur Chhattisgarh., ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police StationSimga, District- Balodabazar Chhattisgarh., ---- Non-applicant MCRC No. 856 of 2021 • Dilip Kumar Ghritlahre S/o Krishna Kumar Ghritlahre Aged About 25 Years R/o Village- Madher, Thana And Tahsil- Simga, District- Baloda Bazar-Bhatapara, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through The Police Thana- Simga, Distt. Baloda Bazar- Bhatapara, Chhattisgarh, ---- Non-applicant MCRC No. 1214 of 2021 • Devesh Sinha S/o Likhendra Kumar Sinha Aged About 23 Years R/o Abhanpur, Police Station Abhanpur, District Raipur, Chhattisgarh., ---- Applicant

Versus

• State of Chhattisgarh Through Police Station Simga, District Balodabazar - Bhatapara, Chhattisgarh., ---- Non-applicant MCRC No. 1371 of 2021 • Sunil Reddy S/o Aaditya Narayan Reddy Aged About 27 Years R/o Village- Shivanand Nagar Raipur, Thana- Khamtarai, District- Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer Police StationSimga, District- Balodabazar Chhattisgarh., ---- Non-applicant

-------------------------------------------------------------------------------------------------------- For Applicant in MCRC :

Mr. Vikash Pradhyan, Advocate Nos 750 of 2021 & 1371 of 2021 For appllicant in MCRC :

Mr. Deepak Jain, Advocate.

No. 856 of 2021 For appoicant in MCRC :

Ms. Supriya Upasane, Advocate.

No. 1214 of 2021 For State :

Mr. Sudhir Sahu, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya Order on Board 12-03-2021

1. As all the aforesaid bail applications arise out of same crime number, they are heard analogously and are being disposed of by this common order.

2. The applicants haver preferred the first bail applications under Section 439 of Cr.P.C. as they in jail since 12-1-2021, 19-1-2021 and 5-2-2021 in connection with Crime No. 23 of 2021 registered in Police Station- Simga, District Balodabazar (CG) for the offence punishable under Section 34(2) of the CG Excise Act.

3. Allegation against the present applicants is that they were found in illegal possession of 288 bulk liters country made liquor.

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 12-1-2021, 19-1-2021 and 5-2-2021 and conclusion of the trial is likely to take some time, therefore, they may be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, charge-sheet has been filed, the detention period of the applicants and there is no apprehension of the applicants tampering with the evidence or absconding and that conclusion of the trial may take some time, I am inclined to grant bail to the applicants.

7. Accordingly, the applications are allowed and it is directed that all the applicants shall be released on bail on each of them 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. They shall appear before the trial Court on each and every date given by the said trial court, till disposal of the trial. The applicants are being granted 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 or else this order granting bail to the applicant shall automatically stand cancelled without further reference to this Court.

Sd/- (Gautam Chourdiya) Judge Raju