Haldhar & Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2723 of 2021

1. Haldhar, S/o Dukalu, aged about 30 Years,

2. Lakhan Ratre, S/o Loknath Ratre, aged about 24 Years, Caste Satnami, Both are R/o Village and Post Singhoda, Police Station Singhoda, Tahsil Saraipali, District Mahasamund, Chhattisgarh. ----Applicants

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station Singhoda, District Mahasamund, Chhattisgarh. ----Non-applicant For Applicants Ms. Pushplata Khalkho, Advocate.

For State Mr. Anand Verma, Deputy G.A.

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

1. The matter is heard through Video Conferencing.

2. The applicants have preferred this application under Section 439 of Cr.P.C. as they have been arrested in connection with Crime No.20/2021 registered at Police Station Singhoda, District Mahasamund, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

3. Allegation against the applicants is that they were found in illegal possession of 20 bulk litres of country made liquor (Mahuwa).

4. Learned counsel for the applicants submits that the applicants

have been falsely implicated in this crime, they are languishing in jail since 25.03.2021, they have no criminal antecedents and conclusion of trial is likely to take some time.

5. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicants have no criminal antecedents.

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 applicants, who are 30 & 24 years old and the fact that the applicants have no criminal antecedents and there is no likelihood of the applicants 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 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.

the Central Government / State Government / Local Authority.

(v) they shall not involve themselves 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 applicants involving themselves in similar offence in future.

Sd/- Gautam Chourdiya Judge Chandrakant/-