Suresh Sinha v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6695 of 2021 1.
Suresh Sinha S/o. Shri Kasiram Sinha, Aged About 40 Years, R/o Village Aavradabri, Thana Khallari, Tahsil Bagbahra, District Mahasamund (C.G.).
---- Applicant
Versus
1.
State Of Chhattisgarh, Through Station House Officer, Police Station Khallari, District Mahasamund (C.G.).
---- Non-Applicant For Applicant : Mr. Sunil Sahul, Advocate.
For Non-Applicant/State : Mr. Chitendra Singh, Panel Lawyer. Hon'ble Shri Justice Gautam Chourdiya Order on Board 28/09/2021 1) 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. 141/2021 registered at Police Station Khallari, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act. 2) Allegation against the applicant is that he was found in illegal possession of 25 bulk Ltrs. of country made liquor (Mahuwa). 3) 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 there is no apprehension of the applicant tampering with the evidence or absconding and conclusion of trial is likely to take some time for its disposal. Therefore, the applicant be released on bail by this Court. 4) On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has 04 criminal antecedents i.e. Crime No. 16/2016 under Section 34(A) of the Chhattisgarh Excise Act, Crime No.
the Chhattisgarh Excise Act, Crime No. 254/2018 under Section 13 of the Gambling Act and Crime No. 242/2020 under Section 36(p) of the Chhattisgarh Excise Act, registered at Police Station Khallari, District Mahasamund (C.G.) 5) 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 40 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, 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