Bihari Lal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5256 of 2021 1.

Bihari Lal S/o Surit Ram Bharti, Aged About 40 Years, R/o Jhumka, P.S. Sarsiwa, District Balodabazar-Bhatapara (C.G.). 2.

Abhay Bharti S/o Prahlad Bharti, Aged About 19 Years, R/o Jhumka, P.S. Sarsiwa, District Balodabazar-Bhatapara (C.G.). ---- Applicants

Versus

1.

State Of Chhattisgarh, Through Station House Officer, Police Station Sarsiwa, District Balodabazar-Bhatapara (C.G.). ---- Non-applicant For Applicants : Mr. Raghavendra Pradhan, Advocate.

For Non-Applicant/State : Dr. (Ms.) Veena Nair, Dy. Advocate General. Hon'ble Justice Shri Gautam Chourdiya Order on Board 23/07/2021 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 applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 12/07/2021 in connection with Crime No. 151/2021 registered at Police Station Sarsiwa, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

6) Allegation against the applicants is that applicant No. 1 was found in illegal possession of 43 bulk Ltrs. and applicant No. 2 was found in illegal possession 30 bulk Ltrs. of country made liquor (Mahuwa).

7) Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. The applicants were arrested on 12/07/2021. He also submits that the applicants have no criminal antecedents and conclusion of trial is likely to take some time for its disposal. Therefore, the applicants be released on bail by this Court.

8) On the other hand, learned counsel for the respondent/State opposes the bail application. However, she submits that the applicants have no criminal antecedents.

9) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicants and the fact that the applicants have no criminal antecedents and there is no apprehension of the applicants tampering with the evidence or absconding as admitted by both the counsel, offence is triable by Judicial Magistrate First Class and that conclusion of trial may take some time, the application is allowed. It is directed that in the event 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 the 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 from disclosing such fact to the Court, ii.

they shall not act in any manner which will be prejudicial to fair and expeditious trial, 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 Govt./State Govt./Local Authority,

v.

they shall not involve themselves 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 applicants involving themselves in similar offence in future. -Sd/- (Gautam Chourdiya) Judge Chandrakant