Panchuram Sinha v. State Of Chhattisgarh

M.Cr.C. No. 2106 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2106 of 2021

1. Panchuram Sinha, S/o Samaru Ram Sinha, aged about 42 years

2. Bhagirathi Thakur, S/o Tijauram Thakur, aged about 38 years

3. Pardeshi Ram Sihna, S/o Ghundul Sinha, aged about 46 years All are resident of Village Kesra, Police Station Ranitarai, Tehsil Patan, District Durg (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through District Magistrate, Durg, District Durg (C.G.) ---- State/Non-Applicant For Applicants :

Shri Rajendra Kumar Patel, Advocate For Non-Applicant/State :

Ms. Seema Dixit, Panel Lawyer, Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 22.03.2021

1. Heard.

2. Admit.

3. With the consent of learned counsel for the parties, the matter is heard finally.

4. The applicants have preferred this first bail application under Section 439 of Cr.P.C. as they are in jail since 21.03.2020 in connection with Crime No. 45/2020 registered in Police Station- Ranitarai, District Durg (CG) for the offence punishable under Sections 34 (2) & 59 (2) of the CG Excise Act.

5. Allegation against the present applicants is that they were found in illegal possession of 09.360 bulk liters 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 21.03.2020 and conclusion of the trial is likely to take some time. Therefore, the applicants be released on bail.

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

M.Cr.C. No. 2106 of 2021

8. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, detention period of the applicants, conclusion of the trial is likely to take some, and that the applicants have no criminal antecedents as admitted by both the counsel, there is no apprehension of the applicants tampering with the evidence or absconding, without expressing any opinion on merits of the case, the bail application is allowed.

9. 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 or else this order granting bail to the applicants shall automatically stand cancelled without further reference to the Bench.

Sd/- (Gautam Chourdiya) Judge vatti