Kamlesh Verma v. State Of Chhattisgarh

M.Cr.C. No. 3399 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3399 of 2021 • Kamlesh Verma, S/o Sunderlal Verma, Aged 41 years, R/o Awaspara, Thana Sarkanda, District Bilaspur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Station House Officer, P.S. Sarkanda, District Bilaspur (C.G.) ---- State/Non-Applicant For Applicant :

Shri Ramawtar Mishra, Advocate For Non-Applicant/State :

Shri Ayaz Naved, Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 09.06.2021

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 applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 09.05.2021 in connection with Crime No. 552/2021 registered in Police Station- Sarkanda, District Bilaspur (CG) for the offence punishable under Sections 34 (2) & 59 (A) of the CG Excise Act.

5. Allegation against the present applicant is that he was found in illegal possession of 25.00 bulk liters of hand made mahuwa liquor.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 09.05.2021 and conclusion of the trial is likely to take some time. Therefore, the applicant 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. 3399 of 2021 circumstances of the case, considering the quantity of illicit liquor, detention period of the applicant who is 41 years old, conclusion of the trial is likely to 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.

9. 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 strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. • he shall not involve himself in any offence of similar nature in future.

10.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