Arun Jolhe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5837 of 2021 1.

Arun Jolhe S/o Chowkram Jolhe, Aged About 26 Years, R/o Chhuchhubhantha, P.S. Dabhra, District Janjgir-Champa (C.G.). 2.

Vishwanath Tandon S/o Firat Tandon, Aged About 31 Years, R/o Harethikala, P. S. Jaijaipur, Present R/o Jawali P.S. Dabhra, District Janjgir-Champa (C.G.).

---- Applicants

Versus

1.

State Of Chhattisgarh, Through Station House Officer, P.S. Dabhra, District Janjgir-Champa (C.G.).

---- Non-applicant For Applicants : Mr. Chandra Kumar, Advocate.

For Non-Applicant/State : Mr. Anand Verma, Dy. Govt. Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 01/09/2021 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 17/07/2021 in connection with Crime No. 293/2021 registered at Police Station Dabhra, District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 3) As per the prosecution case, on 17/07/2021 at village Jawali the Police seized 15 bulk Ltrs. illicit hand made liquor (Mahuwa) & one vehicle Maruti 800 from the possession of applicant No. 1 Arun Jolhe and 15 bulk Ltrs. illicit hand made liquor (Mahuwa) from the possession of applicant No. 2 Vishwanath Tandon. 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 17/07/2021. He also submits that there

is no apprehension of the applicants tampering with the evidence or absconding 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 No.1 Arun Jhole has 01 criminal antecedent bearing Crime No. 275/20 under Section 294, 506, 323 & 427 of Indian Penal Code whereas applicant No. 2 Vishwanath Tandon 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 26 years and 31 years respectively, 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 of 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