High Court Of ChhattisgarhMCRC/4335/2021allowed

Bhavesh Dansena v. State Of Chhattisgarh

2021-07-14Hon'Ble Shri Justice Gautam Chourdiya3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4335 of 2021 • Bhavesh Dansena, S/o Paluram Dansena, aged about 19 Years, Resident of Village - Lakha, Tahsil and District Raigarh, Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station Kotwali, Raigarh, District Raigarh, Chhattisgarh. ----Non-applicant For Applicant Mr. Ashish Gupta, Advocate.

For State Dr. (Ms.) Veena Nair, Deputy A.G.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 14/07/2021

1. The matter is heard through Video Conferencing.

2. The applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.730/2021 registered at Police Station Kotwali, Raigarh, District Raigarh, C.G. for the offence punishable under Sections 34(2) & 59(d) of the C.G. Excise Act.

3. Allegation against the applicant is that he was found in illegal possession of 149 bulk litres of country made liquor (Kachhi Mahuwa).

4. Learned counsel for the applicant submit that the applicant has

been falsely implicated in this crime, he is languishing in jail since 05.06.2021 and conclusion of trial is likely to take some time. Therefore, applicant be released on bail.

On the other hand, learned counsel for the State opposes the bail application. However, she submits that the applicant has no criminal antecedents.

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 19 years old and the fact that the applicant has no criminal antecedents and there is no likelihood of the applicant tampering with the evidence or absconding as admitted by both the counsel and due to COVID-19 pandemic, conclusion of trial may take some time, the application is allowed. 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 the 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 Akhilesh