Devanand Yadav, v. State Of Chhattisgarh

M.Cr.C. No. 3177 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3177 of 2021 • Devanand Yadav, aged about 39 years, son of Narsingh Yadav, resident of Village - Jovratarai, Police Station-Somni, Tahsil & District - Rajnandgaon (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through: Station House Officer, Outpost Chichola, Police Station - Chhuria, District Rajnandgaon (C.G.) ---- State/Non-Applicant For Applicant :

Shri Goutam Khetrapal, Advocate For Non-Applicant/State :

Shri Gurudev Sharan, Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 28.05.2021

1. The application is heard through Video Conferencing.

2. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 04.05.2021 in connection with Crime No. 100/2021 registered in Police Station- Outpost Chichola, Police Station - Chhuria, District Rajanandgaon (CG) for the offence punishable under Section 34 (2) of the CG Excise Act and Sections 269 & 270 of IPC.

3. Allegation against the present applicant is that he was found in illegal possession of 34.560 bulk liters of country made liquor.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 04.05.2021 and conclusion of the trial is likely to take some time. Therefore, the applicant be released on bail.

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

6. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, detention period of the applicant who is 39 years old, conclusion of the trial is likely to

M.Cr.C. No. 3177 of 2021 take some, the applicant has no criminal antecedent as admitted by both the counsel and there is no apprehension of the applicant tampering with the evidence or absconding, without expressing any opinion on merits of the case, the bail application is allowed.

7. It is directed that in the event of applicant 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, he shall be released on bail on the following conditions:- • 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/her from disclosing such fact to the Court. • he shall not act in any manner which will be prejudicial to fair and expeditious trial, and • he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. • 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.

8. 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 vatti