Makhan Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5549 of 2021 • Makhan Sahu, S/o Late Parmanand Sahu, aged about 36 Years, R/o Village Jevartala, Police Station Devri, Tehsil Devri, District Balod, Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Through - Station House Officer, Police Station - Devri, District Balod, Chhattisgarh. ----Non-applicant For Applicant Mr. Prasoon Agrawal, Advocate.

For State Dr. (Ms.) Veena Nair, Deputy A.G.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 30/07/2021

1. The matter is heard through Video Conferencing.

2. Heard on admission.

3. The application is admitted for hearing.

4. With the consent of parties, the matter is heard finally.

5. The applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.84/2021 registered at Police Station Devri, District Balod, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

6. Allegation against the applicant is that he was found in illegal possession of 18.360 bulk litres of country made liquor.

7. Learned counsel for the applicant submit that the applicant has been falsely implicated in this crime, he is languishing in jail since 09.07.2021 and conclusion of trial is likely to take some time. Therefore, applicant be released on bail.

8.

On the other hand, learned counsel for the State opposes the bail application. She submits that the applicant has only one criminal antecedent of similar nature.

9. 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, who is 36 years old and the fact that the applicant has only one criminal antecedent of similar nature and there is no likelihood of the applicant tampering with the evidence or absconding as admitted by both the counsel and due to COVID-19 pandemic, 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.2,00,000/- with two sureties of Rs.

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 Akhilesh