Kanhaiya Gond v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4590 of 2021 1.
Kanhaiya Gond S/o Ramsingh Gond, Aged About 24 Years, R/o Ghatmandwa (Sambariya Dera), Police Station Gidhouri, District (Revenue And Civil) Balodabazar-Bhatapara (C.G.). ---- Applicant
Versus
1.
State Of Chhattisgarh, Through Police Station Gidhouri, District (Revenue And Civil) Balodabazar-Bhatapara (C.G.). ---- Non-Applicant For Applicant : Mr. Sumit Jhawar, Advocate.
For Non-Applicant/State : Mr. Rahim Ubwani, Panel Lawyer.
Hon'ble Justice Shri Gautam Chourdiya Order on Board 05/07/2021 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 applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 18/06/2021 in connection with Crime No. 81/2021 registered at Police Station Gidhouri, District (Revenue And Civil) Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.
6) Allegation against the applicant is that he was found in illegal possession of 40 bulk Ltrs. of country made liquor (Mahuwa).
7) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant has been arrested on 18/06/2021, and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail by this Court.
8) On the other hand, learned counsel for the State opposes the bail application. However, he submits that there are as many as 04 criminal antecedents of the applicant, 01 under Section 323 of Indian Penal Code and others relating to preventive action. 9) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicant who is 24 years old, and the fact that there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel, applicant has 04 criminal antecedents, 01 under Section 323 of Indian Penal Code and others relating to preventive action and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event of the 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:- 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, 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 Govt./State Govt./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 Chandrakant