Prakash Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3300 of 2021 1.

Prakash Nishad S/o Late Trishul Nishad, Aged About 21 Years, Occupation Labourer, R/o Ward No. 15, Renger Para Sarangarh, Police Station And Tahsil Sarangarh, District Raigarh (C.G.). ---- Applicant

Versus

1. State Of Chhattisgarh, Through Station House Officer, Police Station Sarangarh, District Raigarh (C.G.).

---- Non-Applicant For Applicant : Mr. Prabhat Kumar Saxena, Advocate.

For Non-Applicant/State : Mr. Anand Verma, Dy. Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 23/06/2021 1) The matter is heard through Video Conferencing. 2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 07/03/2021 in connection with Crime No. 115/2021 registered at Police Station Sarangarh, District Raigarh (C.G.) for the offence punishable under Sections 34(2) & 59(A) of Chhattisgarh Excise Act.

3) Allegation against the applicant is that he was found in illegal possession of 40 bulk Ltrs. of country made liquor (Mahuwa). 4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant has been arrested on 07/03/2021, and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail by this Court.

5) On the other hand, learned counsel for the State opposes the bail

application and submits that the applicant has 01 criminal antecedent under Excise Act.

6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicant who is 21years old, and the fact that there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel, applicant has 1 criminal antecedent under Excise Act and that conclusion of trial may take some time, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- 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, 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 strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./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 Chandrakant