Resham @ Bittu v. The State Of Chhattisgarh

M.Cr.C. No. 2227 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2227 of 2021 • Resham @ Bittu, S/o Santralal Pardhi, aged about 32 years, resident of Village Buchidih, Lenjwara, Police Station and Tahsil Berla, District Bemetara, Chhattisgarh ---- Applicant

Versus

• The State of Chhattisgarh, Through District Magistrate, Bemetara, District Bemetara, Chhattisgarh ---- State/Non-Applicant For Applicant :

Shri Amit Kumar Sahu, Advocate alongwith Ms. Pooja Rani Pali, Advocate For Non-Applicant/State :

Shri Dinesh Kumar Tiwari, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 24.03.2021

1. Heard.

2. Admit.

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

4. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 22.02.2021 in connection with Crime No. 101/2020 registered in Police Station- Berla, District Bemetara (CG) for the offence punishable under Section 34 (2) of the CG Excise Act.

5. Allegation against the present applicant is that he was found in illegal possession of 17.280 bulk liters of foreign liquor.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 22.02.2021 and conclusion of the trial is likely to take some time. Therefore, the applicant be released on bail.

7. On the other hand, learned counsel for the State opposes the bail application. He submits that there are two criminal antecedents of the

M.Cr.C. No. 2227 of 2021 applicant under the IPC.

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 applicant who is 32 years old, charge-sheet has been filed, conclusion of the trial is likely to take some and there is no apprehension of the applicant 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 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 or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

10.Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

Sd/- (Gautam Chourdiya) Judge vatti