Jitendra Barle v. State Of Chhattisgarh

M.Cr.C. No. 3195 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3195 of 2021

1. Jitendra Barle, S/o Shri Lekhram Barle, aged 34 years, R/o Village Giroud, P.S. - Dharsiva, District Raipur (C.G.)

2. Jitendra Narange, S/o Shri Bisauhu Narange, Aged 35 years, R/o Village Kulipota, P.S. Kharora, District Raipur (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through : P.S. Kharora, District Raipur (C.G.) ---- State/Non-Applicant For Applicants :

Shri Anchal Kumar Matre, Advocate For Non-Applicant/State :

Shri Sudeep Agrawal, Deputy Advocate General Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 21.05.2021

1. The application is heard through Video Conferencing.

2. Admit.

3. With the consent of learned counsel for the parties, the matter is heard finally.

4. The applicants have preferred this first bail application under Section 439 of Cr.P.C. as they are in jail since 06.05.2021 in connection with Crime No. 174/2021 registered in Police Station- Kharora, District Raipur (CG) for the offence punishable under Section 34 (2) of the CG Excise Act.

5. Allegation against the present applicants is that they were found in illegal possession of 18.00 bulk liters of foreign liquor.

6. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 06.05.2021 and conclusion of the trial is likely to take some time. Therefore, the applicants be released on bail.

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

8. Having heard learned counsel for the parties, having regard to the facts and

M.Cr.C. No. 3195 of 2021 circumstances of the case, considering the quantity of illicit liquor, detention period of the applicants who are 34 & 35 years old, conclusion of the trial is likely to take some, the applicants have no criminal antecedents as admitted by both the counsel and there is no apprehension of the applicants tampering with the evidence or absconding, without expressing any opinion on merits of the case, the bail application is allowed.

9. It is directed that in the event of each of the applicants 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, 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/her 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. iv. they shall not involve themselves in any offence of similar nature in future or else this order granting bail to the applicants shall automatically stand cancelled without further reference to the Bench.

10.In view of the above, I.A. No. 01/2021, application for urgent hearing, and I.A. No. 02/2021, application for hearing in summer vacation, stand disposed of.

Sd/- (Gautam Chourdiya) Vacation Judge vatti