Mukesh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 5819 of 2021 • Mukesh Sahu, S/o Shri Shobhit Ram, Aged About 21 Years, R/o Arya Nagar Kohka, Bhilai, District- Durg, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through- Station House Officer Police Station Jamul, District- Durg, Chhattisgarh. ---- Non-Applicant For Applicant : Mr. Aman Pandey, Advocate For Non-Applicant/State : Dr. (Ms.) Veena Nair, Dy. A.G. Hon'ble Shri Justice Gautam Chourdiya Order on Board 06.08.2021

1) Heard on admission.

2) The application is admitted for hearing.

3) With the consent of the parties, the matter is heard finally.

4) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 09.05.2021 in connection with Crime No. 168/2021, registered at Police Station- Jamul, Durg (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act.

5) Case of the prosecution, in brief, is that on 09.05.2021 the police party after receiving secret information stopped the vehicle Bolero bearing registration number C.G . 07 AW 2846 driven by Krishna Janghel, in which the applicant and other co-accused persons were sitting. From the possession of the applicant and co-accused Krishna Janghel, Mukesh Sahu, Yogesh Sahu and

S. Anil countrymade liquor 881.1 bulk litres were seized however, the other co-accused namely Anil Yadav, Kake and Ashok Rao escaped from the place of occurrence.

6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he further submits that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding the applicant has been arrested on 09.05.2021, charge-sheet has already been filed and due to COVID-19 trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

7) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has no criminal antecedents.

8) 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 21 years old, charge-sheet has already been filed and the fact that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and due to COVID19 conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

9) 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. 1,00,000/- 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