Satyadev Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2238 of 2021

1. Satyadev Banjare, S/o Mohan Banjare, aged about 21 Years,

2. Ankit Verma, S/o Lalji Verma, aged about 19 Years, Both are R/o Pausri, Police Station City Kotawali, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh.

----Applicants

Versus

• State of Chhattisgarh, Through Police Station Bhatapara (Gramin), District Balodabazar-Bhatapara, Chhattisgarh. ----Non-applicant For Applicants Ms. Supriya Upasane, Advocate.

For State Mr. Shrikant Kaushik, P.L.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 24/03/2021

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 are in jail since 10.03.2021 in connection with Crime No.92/2021 registered at Police Station- Bhatapara (Gramin), Balodabazar-Bhatapara, 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 16.740 bulk litres of country made liquor (Masala).

6. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 10.03.2021 and conclusion of trial is likely to take some time. She also submits that the applicants have no criminal antecedents.

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 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.1,00,000/- with two sureties of Rs.50,000/- 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 this Court.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicants involving themselves in similar offence in future.

Sd/- Gautam Chourdiya Judge Akhilesh