Netlal Pareshwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4445 of 2021 1.

Netlal Pareshwar S/o Shri Budhiyaar Pareshwar, Caste Gond, Aged About 42 Years, 2.

Bedram Pareshwar S/o Shri Jagatram Pareshwar, Caste Gond, Aged About 46 Years, 3.

Madhusudan Pareshwar S/o Shri Mayaram Pareshwar, Caste Gond, Aged About 45 Years, All are R/o Village Pirda Chergadodha, P.S./Tehsil Basna District Mahasamund (C.G.).

4.

Fulsingh Sidar S/o Shri Thandaram Sidar, Aged About 35 Years Caste Gond, R/o Village Kolihadewri, P.S./Tehsil Basna, District Mahasamund (C.G.).

---- Applicants

Versus

1.

State Of Chhattisgarh, Through Station House Officer, Police Station Basna, Civil And Revenue District Mahasamund (C.G.). ---- Non-applicant For Applicants :

Mr. Sunil Verma, Advocate.

For Non-Applicant/State :

Mr. Anand Verma, Dy. Govt. Advocate.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 01/07/2021 1) The matter is heard through Video Conferencing. 2) Heard on admission.

3) The application is admitted for hearing.

4) With the consent of the parties, the matter is heard finally. 5) The applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 31/05/2021 in connection with Crime No. 291/2021 registered

at Police Station Basna, Civil And Revenue District Mahasamund (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

6) Allegation against the applicants is that they were found in illegal possession of 80 bulk Ltrs. of country made liquor (Mahuwa). 7) Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. The applicants were arrested on 31/05/2021. 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.

8) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that the applicants have no criminal antecedents.

9) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, 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, offence is triable by Judicial Magistrate First Class 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. 2,00,000/- with two sureties of Rs. 1,00,000/- 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