Parmanand Paikra v. State Of Chhattisgarh

M.Cr.C. No. 2271 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2271 of 2021

1. Parmanand Paikra S/o Kamal Say Paikra, Aged about 24 years, R/o Village - Lailunga, Tehsil/P.S. - Lailunga, District - Raigarh (C.G.)

2. Rajendra Kumar Lahre S/o Tosh Ram Lahre, Aged about 25 years, R/o Village - Gharghoda, Tehsil/P.S. - Gharghoda, District Raigarh (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through Police Station : Gharghoda, District Raigarh (C.G.) ---- State/Non-Applicant For Applicants :

Shri Rohan Patnaik, Advocate For Non-Applicant/State :

Shri V.K. Agrawal, Panel Lawyer 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 applicants have preferred this first bail application under Section 439 of Cr.P.C. as they are in jail since 27.02.2021 in connection with Crime No. 45/2021 registered in Police Station- Gharghoda, Raigarh (CG) for the offence punishable under Sections 34 (2) & 59 (A) of the CG Excise Act.

5. Allegation against the present applicants is that applicant No.1 was found in illegal possession of 09.00 bulk liters of foreign liquor and applicant No.2 was found in illegal possession of 07.200 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 27.02.2021 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

M.Cr.C. No. 2271 of 2021 application.

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 who are 24 & 25 years old, conclusion of the trial is likely to take some, the applicants have no criminal antecedent as admitted by both the counsel and 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