Devcharan Yadav v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 4864 of 2021 • Devcharan Yadav, S/o Chhotku Ram Yadav, Aged About 32 Years, R/o Village Damru, P. S. City Kotwali Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh. ---- Applicant
Versus
• State of Chhattisgarh, Through- Station House Officer, City Kotwali (not mentioned in cause title of impugned order) Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh. ---- Non-Applicant For Applicant : Shri Ramsajiwan, Advocate For Non-Applicant/State : Shri C. B. Kesharwani, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya Order on Board 19.08.2021 Heard.
1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 13.06.2021 in connection with Crime No.210/2021, registered at Police Station- City Kotwali, Balodabazar, DistrictBalodabazar-Bhatapara(C.G.) for the offence punishable under 34 (2) of C.G. Excise Act.
2) Allegation against the applicant is that he was found in illegal possession of 81 bulk litre Goa liquor.
3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that charge-sheet has already been filed, there is no likelihood of the applicant tampering with the prosecution
evidence or absconding. The applicant is in jail since 13.06.2021 and due to COVID-19 trial is likely to take some time for disposal. Therefore, the applicant be released on bail by this Court.
4) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has three criminal antecedents from 2016 to 2019 under Sections 34
(2) & 34 (1) of C.G. Excise Act.
5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the liquor was seized from the applicant, considering the quantity of illicit liquor, the detention period of the applicant, who is 32 years old, charge-sheet has already been filed and the fact that there is no likelihood of him tampering with the prosecution evidence or absconding as admitted by both the counsel and due to COVID19 conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.
6) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs. 2,00,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail, on 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 Nadim