Dinesh Kushwaha v. State Of Chhattisgarh
M.Cr.C. No. 3392 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) M.Cr.C. No. 3392 of 2021 • Dinesh Kushwaha S/o Ramnarayan Kushwaha, aged about 25 years, R/o Village Chiprauli Sonhat, Police Station Raghunathpur, Tehsil Wadrufnagar, District Balrampur-Ramanujganj (C.G.) ---- Applicant
Versus
• State of Chhattisgarh, Through : Station House Officer, Police Station Chandni, District Surajpur (C.G.) ---- State/Non-Applicant For Applicant :
Shri Bhupendra Singh, Advocate appear on behalf of Shri Arun Kumar Shukla, Advocate For Non-Applicant/State :
Shri Anand Verma, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 22.07.2021
1. The applicant has preferred this second bail application under Section 439 of Cr.P.C. as he is in jail since 19.02.2021 in connection with Crime No. 06/2021 registered in Police Station- Chandni, District Surajpur (CG) for the offence punishable under Sections 34 (2) & 36 of the CG Excise Act.
2. The first bail application of the applicant was dismissed as withdrawn with the liberty to file afresh application as and when occasion arises vide order dated 18.03.2021 passed in M.Cr.C. No. 1980/2021 by this Court.
3. Allegation against the present applicant is that he was found in illegal possession of 241.920 bulk liters of foreign liquor.
4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 19.02.2021, charge-sheet has been filed and due to Covid-19 pandemic, trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.
M.Cr.C. No. 3392 of 2021
5. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has only one criminal antecedents under Excise Act of the year 2020.
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 applicant who is 25 years old, the fact that there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels, charge-sheet has already been filed and due to covid-19 pandemic, conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.
7. It is directed that in the event of applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- i.
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. ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv. he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. v. he shall not involve himself in any offence of similar nature in future.
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 nature of offence.
Sd/- (Gautam Chourdiya) Judge vatti