Hemlal Nourange v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6584 of 2021 1.
Hemlal Nourange S/o Gajanand Nourange, Aged About 38 Years, R/o Village Haldharpali, Post Office Khokhsipali, P.S. Kedar Tahsil Sarangarh, District Raigarh (C.G.).
---- Applicant
Versus
1.
State Of Chhattisgarh, Through The Police Station Of Kedar, District Raigarh (C.G.).
---- Non-Applicant For Applicant : Mr. S.K. Ratre, Advocate.
For Non-Applicant/State : Mr. Anand Verma, Dy. Govt. Advocate. Hon'ble Shri Justice Gautam Chourdiya Order on Board 31/08/2021 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 11/08/2021 in connection with Crime No. 89/2021 registered at Police Station Kedar Sarangarh, District Raigarh (C.G.) for the offence punishable under Sections 34(2) & 59(A) of Chhattisgarh Excise Act.
6) Allegation against the applicant is that he was found in illegal possession of 20 bulk Ltrs. of country made liquor (Mahuwa). 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 11/08/2021. He submits that trial is likely to take some time for its disposal due to COVID-19 Pandemic.
Therefore, the applicant be released on bail by this Court. 8) On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has 01 criminal antecedent under Section 34(1) of the Excise Act of the year 2020. 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 38 years old, 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, 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