Jwala Dahariya & ANR. v. State Of Chhattisgarh

M.Cr.C. No. 4635 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) M.Cr.C. No. 4635 of 2021

1. Jwala Dahariya Son of Anil Dahariya, aged about 18 years,

2. Dheeraj Saytode Son of Santram Saytode, aged about 18 years, Both R/o. Village Sundrawan, Police Station Gidhpuri, District BalodabazarBhatapara (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through : The Station House Officer, Police Station Palari, District Balodabazar-Bhatapara (C.G.) ---- State/Non-Applicant For Applicants :

Shri Yogesh Kumar Chandra, Advocate For Non-Applicant/State :

Shri Shrestha Gupta, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 14.07.2021

1. Heard.

2. The applicants have preferred this first bail application under Section 439 of Cr.P.C. as they are in jail since 23.06.2021 in connection with Crime No. 313/2021 registered in Police Station- Palari, District Balodabazar-Bhatapara (CG) for the offence punishable under Section 34 (2) of the CG Excise Act.

3. Allegation against the present applicants is that they were found in illegal possession of 32.00 bulk liters of hand made mahuwa liquor.

4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question, the applicants have no criminal antecedents, there is no likelihood of the applicants tampering with the prosecution evidence or absconding, they are in jail since 23.06.2021 and trial is likely to take some time for its final disposal. Therefore, the applicants be released on bail by this Court.

5. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicants have no criminal

M.Cr.C. No. 4635 of 2021 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 applicants who are 18 years old, the fact that the applicants have no criminal antecedents, there is no likelihood of the applicants tampering with the prosecution evidence or absconding as admitted by both the counsels and due to covid-19 pandemic, conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

7. It is directed that in the event of 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 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/her 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 Government / State Government / Local Authority. v.

they shall not involve themselves in any offence of similar nature in future.

8. 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 nature of offence.

Sd/- (Gautam Chourdiya) Judge vatti