Daulat Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3052 of 2020 • Daulat Sahu S/o Punni Aged About 28 Years R/o Village Chaurenga, Police Station Simga, District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police of Police Station Simga, District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondent For Applicant :

Shri Anil Gulati, Advocate.

For Respondent/State :

Shri Vimlesh Bajpai, G.A.

Hon'ble Shri Gautam Chourdiya, J.

Order on Board 20.11.2020.

1.

The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 12.05.2020 in connection with Crime No. 143/2020 registered in Police Station- Simga, District: Baloda - Bazar, Bhatapara (CG) for the offence punishable under Section 34(2) and 36 of the Chhattisgarh Excise Act, 2015.

2.

Allegation against the applicant is that he was found in illegal possession of 201.6 bulk liter of Goa Whisky English Liquor. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 12.05.2020, and conclusion of trial is likely to take some time. 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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 and the fact that

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. 50,000/- with two local sureties for the like amount to the satisfaction of the concerned Trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial. 6.

It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- (Gautam Chourdiya) Judge Yasmin