Kaleshwar Das Mahant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3653 of 2019 • Kaleshwar Das Mahant S/o Shri Nirmal Das Mahant Aged About 28 Years R/o Village Belakhachar, Police Station Balco Nagar, Korba, District Korba Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Of Police Station, Balco District Korba Chhattisgarh.

---- Respondent For Applicant :

Shri Ashutosh Shukla, Advocate.

For Respondent/State :

Shri Sudeep Verma, Dy. GA.

Hon'ble Shri Gautam Chourdiya, J Order On Board 31/05/2019 The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 11.05.2019 in connection with Crime No. 163/2019 registered in Police Station- Balco Nagar, Distt. Korba (CG) for the offence punishable under Section 34 (2) of the CG Excise Act. Allegation against the applicant is that he was found in illegal possession of 10 bulk litres of country made liquor. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 11.5.2019, and conclusion of trial is likely to take some time. On the other hand, learned counsel for the State opposes the bail application.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of

illicit liquor, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 25,000/- with two sureties for the like amount to the satisfaction of the concerned Trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial. It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- (Gautam Chourdiya) Vacation Judge Shubham/Ravi