Krishna Sinha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7349 of 2020 • Krishna Sinha S/o Sawant Sinha aged about 42 years, Resident of village Nawagaon, Thana- Bori, Tehsil and District- Durg (C.G.). ----Applicant

Versus

• The State of Chhattisgarh, Through- S. H. O. P.S. Bori, District- Durg (C.G.) ---- Respondent For Applicant :Shri Vijay Kumar Sahu, Advocate For State :Shri Vimlesh Vajpai, G. A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 08/01/2021 1.

The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 11.08.2020 in connection with Crime No. 51/2020 registered at Police Station- Bori, District- Durg C.G. for the offence punishable under Section 34 (2) of the C.G. Excise Act. 2.

Allegation against the applicant is that he was found in illegal possession of 5.760 bulk liters of foreign liquor. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, she is languishing in jail since 11.08.2020 and conclusion of trial is likely to take some time. He also submits that the applicant has no criminal antecedent.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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 the applicant has no criminal antecedent as admitted by both the counsels and 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. 1,00,000/- with two sureties of Rs. 50,000/- each 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 her by the said Court, till disposal of the trial.

6.

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 Judge amita