Vijay Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 4215 of 2021 Vijay Yadav S/o Late Ramvilas Yadav, Aged About 27 Years R/o Devdha, P.S. Somni, Rajnandgaon (Chhattisgarh) ---- Applicant In Jail

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Suhela, District Balodabazar Bhatapara Chhattisgarh. ---- Respondent For Applicant :

Ms. Deblina Maity, Advocate.

For State :

Mr. Shreshta Gupta, P.L.

Hon'ble Shri Gautam Chourdiya, J Order On Board 14/07/2021 1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 22.5.2021 in connection with Crime No.43/2021 registered at Police Station-Suhela, Distt. Balodabazar-Bhatapara (CG) for the offence punishable under Section 34(2) of Excise Act. 2) As per prosecution case, total 336.96 liters of foreign liquor was seized by the police from the co-accused Ganpad Nishad and Heera Singh which was being carried in the vehicle owned by the present applicant.

3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, the applicant has no criminal antecedents, co-accused Ganpat Nishad has already been granted regular bail by this Court vide order dated 9.6.2021 passed in M.Cr.C.No.3114/2021; there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 22.5.2021 and trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

4) On the other hand, learned counsel for the State opposes the bail application and submits that the applicant has no criminal

antecedents.

5) 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 27 years old, the applicant has no criminal antecedents, co-accused Ganpat Nishad in this case has already been granted regular bail by this Court, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and conclusion of trial may take some time due to Covid19 pandemic, without commenting anything on merits of the case, the application is allowed.

6) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.1 lac with two sureties of Rs. 50,000/- 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 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.

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) Judge Khan