Umesh Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1509 of 2021

1. Umesh Baghel, S/o Late Bhaduram, aged about 22 Years,

2. Balram Baghel, S/o Neelaram Baghel, aged about 22 Years, Both are R/o Badepara Kurandi, District Bastar, Chhattisgarh. ----Applicants

Versus

• State of Chhattisgarh, Through The Police Station Nagarnar, District Bastar Chhattisgarh.

----Non-applicant For Applicants Shri Pravin Kumar Tulsyan, Advocate.

For State Shri Dinesh Tiwari, Deputy G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 01/03/2021

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 application under Section 439 of Cr.P.C. as they have been arrested in connection with Crime No.22/2021 registered at Police Station Nagarnar, District Bastar, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

5. Allegation against the applicants is that they were found in illegal possession of 8.640 bulk litres of foreign liquor.

6. Learned counsel for the applicants submits that the applicants have

been falsely implicated in this crime, they are languishing in jail since 05.02.2021, they have no criminal antecedents and conclusion of trial is likely to take some time.

7. On the other hand, learned counsel for the 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, considering the quantity of illicit liquor, the detention period of the applicants and the fact that the applicants have no criminal antecedents and there is no likelihood of the applicants tampering with the evidence or absconding as admitted by both the counsel and conclusion of trial may take some time, the application is allowed. It is directed that in the event of 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 Akhilesh