Budhnath Sonwani @ Dudhnath v. State Of Chhattisgarh

M.Cr.C. No. 6560 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6560 of 2021 • Budhnath Sonwani @ Dudhnath, son of Pulkit Sonwani, aged about 35 years, Resident of village Kumhari, P.S. Kosir, Tahsil Sarangarh, District Raigarh (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through : Station House Officer Police Station Sarangarh, District Raigarh (C.G.) ---- State/Non-Applicant For Applicant :

Shri Udho Ram Koshaley, Advocate For Non-Applicant/State :

Shri Shrestha Gupta, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 27.10.2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 10.07.2021 in connection with Crime No. 393/2021 registered in Police Station Sarangarh, District Raigarh (C.G.), for the offence punishable under Sections 34 (2) & 59 (A) of the CG Excise Act.

2. Allegation against the present applicant is that he was found in illegal possession of 560.00 bulk liters of hand made mahuwa liquor.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 10.07.2021 and trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

4. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has one criminal antecedents under Section 34 (1) of the Excise Act.

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

M.Cr.C. No. 6560 of 2021 detention period of the applicant who is 35 years old, the fact that there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and conclusion of trial may take some time, without commenting anything on merits of the case, the bail application is allowed.

6. It is directed that in the event of 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 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/her 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 not involve himself in any offence of similar nature in future.

7. 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 nature of offence.

Sd/- (Gautam Chourdiya) Judge vatti