Manoj Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5617 of 2021 1.

Manoj Chouhan S/o Ghurau Chouhan, Aged About 26 Year,s Caste Gada, R/o Dhanigaon, Police Station And Tahsil Baramkela, District Raigarh (C.G.).

---- Applicant

Versus

1.

State Of Chhattisgarh, Through Excise Circle Flying Squad Raigarh, District Raigarh (C.G.).

---- Non-Applicant For Applicant : Mr. Ashish Gupta, Advocate.

For Non-Applicant/State : Mr. Adil Minhaj, Govt. Advocate.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 02/08/2021 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 applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 23/07/2021 in connection with Crime No. 52/2021 registered at Police Station Excise Circle Flying Squad Raigarh, District Raigarh (C.G.) for the offence punishable under Section 34(1), 34(2), 59(A) & 36 of Chhattisgarh Excise Act.

6) Allegation against the applicant is that he was found in illegal possession of 19.56 bulk Ltrs. of liquor.

7) 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 been arrested on 23/07/2021. He submits that trial is likely to take some time for its disposal. Therefore, the applicant be released on bail by this Court.

8) On the other hand, learned counsel for the respondent/State opposes the bail application. He submits that the applicant has one criminal antecedent of the year 2021 under Section 36(A) of Chhattisgarh Excise Act.

9) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicant who is 26 years old, the fact that the applicant has one criminal antecedent and there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel, and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. 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 the 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 Govt./State Govt./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 Chandrakant