Balmukund Dadsena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 3046 of 2021 • Balmukund Dadsena, S/o Shri Nimankar Dadsena, Aged About 22 Years, Caste - Kalar, R/o Village - Kotdwari, Police Chowki - Balouda, Police Station - Saraipali, District - Mahasamund (C.G). ---- Applicant

Versus

• State of Chhattisgarh, Through- Station House Officer, Police Chowki - Balouda, Police Station - Saraipali, DistrictMahasamund (C.G.). ---- Non-Applicant For Applicant :

Shri Shivendu Pandya, Advocate For Non-Applicant/State :

Shri Ashish Tiwari, Dy.G.A.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 21.05.2021

1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 02.05.2021 in connection with Crime No. 161/2021 registered at Police Station- Saraipali, District- Mahasamund (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act.

2) Allegation against the applicant is that he was found in illegal possession of 20 bulk Ltrs. liquor.

3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he further submits that the applicant is young offender and he has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding the applicant has been arrested on 02.05.2021 and trial is likely to take some time for its final disposal. Therefore, the applicant be

released on bail by this Court.

4) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has no criminal antecedents.

5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the liquor was seized from the applicant, considering the quantity of illicit liquor, the detention period of the applicant, who is 22 years old young offender, the fact that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

6) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- (a) 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.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) he 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.

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

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) Vacation Judge Nadim