Sujeet Kumar Dey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4933 of 2021 1.

Sujeet Kumar Dey S/o Vidhu Bhushan Dey, Aged About 45 Years, Caste Kayasth Maharani, Ward No. 14, Murti Line, Jagdalpur, District Bastar (C.G.).

---- Applicant

Versus

1.

State Of Chhattisgarh, Through P.S. Kotwali, Jagdalpur, District Bastar (C.G.).

---- Non-Applicant For Applicant : Mr. Vikas A. Shrivastava, Advocate.

For Non-Applicant/State : Mr. Adil Minhaj, Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 13/07/2021 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 29/06/2021 in connection with Crime No. 186/2021 registered at Police Station Kotwali, Jagdalpur, District Bastar (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 6) Allegation against the applicant is that he alongwith co-accused was found in illegal joint possession of 17 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 29/06/2021. He submits that applicant has no criminal antecedents 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 respondent/State opposes the bail application. He submits that the applicant has no criminal antecedent.

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 45 years old, the fact that the applicant has no criminal antecedents and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel, 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, 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 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