Kanhaiya Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6412 of 2021

1. Kanhaiya Chauhan, S/o Swarup Chauhan, aged about 32 Years, R/o- Chingripara Supela Bhilai, Tehsil and District Durg (Chhattisgarh) (Address as per bail application completely not mentioned in the impugned order).

2. Vicky Chauhan, S/o Devnath Chauhan, aged about 22 Years, Resident of Baikunthdham, Camp-2, Bhilai Tehsil and District Durg (Chhattisgarh).

----Applicants

Versus

• State of Chhattisgarh, Through SHO Police Station Excise Circle - 1, District Durg (Chhattisgarh).

----Non-applicant For Applicants Ms. Priya Sharma, Advocate.

For State Mr. K.K. Singh, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 25/08/2021

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 applicants have preferred this application under Section 439 of Cr.P.C. as they have been arrested in connection with Crime No.48/2021 registered at Excise Circle-I, Bhilai, Durg, C.G. for the offence punishable under Sections 34(2) & 59(A) of the C.G.

Excise Act.

6. Allegation against the applicants is that they were found in illegal possession of 35.6 bulk litres of liquor.

7. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 11.08.2021, they have no criminal antecedents and due to COVID-19 pandemic, conclusion of trial is likely to take some time.

8.

On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicants have no criminal antecedents.

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 applicants, who are 32 & 22 years old and the fact that the applicants have no criminal antecedents and there is no likelihood of the applicants 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 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, and (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 Government / State Government / 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 any offence in future.

Sd/- Gautam Chourdiya Judge Akhilesh