Smt. Savitri Bai Lahre & Another v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5365 of 2021 1.
Smt. Savitri Bai Lahre W/o Shri Pawan Lahre, Aged About 40 Years, R/o Village Pachari, Thana Patewa, District Mahasamund (C.G.) 2.
Omprakash Baghmare S/o Shri Dularva Baghmare, Aged About 23 Years, R/o Village Pachari, Thana Patewa, District Mahasamund (C.G.).
---- Applicants
Versus
1.
State Of Chhattisgarh, Through Station House Officer, Police Station Patewa, District Mahasamund (C.G.).
---- Non-applicant For Applicants : Mr. Sunil Sahu, Advocate.
For Non-Applicant/State : Mr. Shrestha Gupta, Panel Lawyer.
Hon'ble Shri Justice Gautam Chourdiya Order on Board 12/08/2021 1) The matter is heard through Video Conferencing. 2) The applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 16/07/2021 & 17/07/2021 respectively in connection with Crime No. 160/2021 registered at Police Station Patewa, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.
3) Allegation against the applicants is that they were found in illegal jointly possession of 120 bulk Ltrs. of country made liquor (Mahuwa).
4) Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. The applicants were arrested on 16/07/2021 & 17/07/2021 respectively. 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. 5) On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant Omprakash Baghmare has 03 criminal antecedents out of which one under Section 34(2) of the Excise Act of the year 2019 whereas applicant Smt. Savitri Bai Lahre has no criminal antecedents. 6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicants, who are 40 years and 23 years respectively, the applicant Omprakash Baghmare has 03 criminal antecedents out of which one under the Excise Act, applicant Smt.
Savitri Bai Lahre has no criminal antecedents, that 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