Khoobchand Ghritlahre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2682 of 2021 • Khoobchand Ghritlahre, Son of Shri Ramprasad Ghritlahre, aged about 30 Years, Caste Satnami, Resident of Village Manjanimati, Tahsil Basna, Police Station Basna, District Mahasamund (Chhattisgarh).

----Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Basna, Police Station Basna, District- Mahasamund (Chhattisgarh). ----Non-applicant For Applicant Shri Sunil Verma, Advocate.

For State Shri Adil Minhaj, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 15/06/2021

1. The matter is heard through Video Conferencing

2. The applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.143/2021 registered at Police Station Basna, District Mahasamund, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

3. Allegation against the applicant is that he was found in illegal possession of 70 bulk litres of country made liquor (Mahuwa).

4. Learned counsel for the applicant submit that the applicant has been falsely implicated in this crime, he is languishing in

jail since 23.03.2021 and conclusion of trial is likely to take some time. Therefore, applicant be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application. He submits that the applicant has only one criminal antecedent of the year 2021 for the offence punishable under the Indian Penal Code.

6. 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 applicant, who is 30 years old and the fact that the applicant has only one criminal antecedent of the year 2021 under the IPC, he has no criminal antecedent under the Excise Act and there is no likelihood of the applicant 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 applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.

trial.

(iv) he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority.

(v) he shall not involve himself in any offence of similar nature in future.

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 Nadim/-