Anubhav Masih And Others v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3288 of 2021 1.
Anubhav Masih S/o Pramod Masih, Aged About 38 Years, R/o Panchsheel Nagar P.S. Civil Line, Raipur District Raipur (C.G.). 2.
Amit Chand S/o T.R. Chand, Aged About 45 Years, R/o Amlidih P.S. Rajendranagar Raipur, District Raipur (C.G.). 3.
Mohd. Ayyub S/o Mohd. Mahroom Safi, Aged About 61 Years, R/o Rajatalab P.S. Civil Line Raipur District Raipur(C.G.). ---- Applicants
Versus
1.
State Of Chhattisgarh, Through Station House Officer, Police Station Gariyaband, District Gariyaband (C.G.). ---- Non-applicant For Applicants : Mr. Shubham Tripathi with Mr. Rajesh Kumar Kesharwani, Advocates.
For Non-Applicant/State : Mr. Chitendra Singh, P.L. Hon'ble Justice Shri Gautam Chourdiya Order on Board 29/06/2021 1) The matter is heard through Video Conferencing. 2) The applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 08/05/2021 in connection with Crime No. 139/2021 registered at Police Station Gariyaband, District Gariyaband (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act, Section 25 of Arms Act and Section 188 of Indian Penal Code. 3) Case of the prosecution, in brief, is that on 08/05/2021 the Police acting on the tip-off by the informant intercepted the vehicle Bolero bearing No. CG-23-7555 in which the applicants with one other coaccused were traveling and seized total 44 Bulk Ltr. Liquor as also one 0.22 single bore rifle from their possession.
4) Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. The applicants were arrested on 08/05/2021. He also submits that the applicants have no criminal antecedents and conclusion of trial is likely to take some time for its disposal. Therefore, the applicants be released on bail by this Court.
5) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that the applicants have no criminal antecedents.
6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the liquor and the firearm have been seized, the quantity of liquor, the detention period of the applicants and the fact that the applicants have no criminal antecedents and there is no apprehension of the applicants tampering with the evidence or absconding as admitted by both the counsel and that conclusion of trial may take some time, the application is allowed. It is directed that in the event each of the applicants 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, 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 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 strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority.
v.
they shall not involve themselves in any offence of similar nature in future.
Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicants involving themselves in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant