Mannu Kumar Jangde v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.6921 of 2021
1. Mannu Kumar Jangde S/o Faguram Aged About 26 Years R/o Om Nagar, Jarhabhata Police Station Civil Line Bilaspur, District Bilaspur, Chhattisgarh.
2. Sunny Jangde S/o Faguram Aged About 26 Years R/o Om Nagar, Jarhabhata, Police Station Civil Line Bilaspur, District Bilaspur, Chhattisgarh.
---- Applicants
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Sakri, District Bilaspur, Chhattisgarh ---- Non-Applicant For Applicants:
Shri Prasoon Agrawal, Advocate.
For Non-Applicant/State:
Shri Anand Verma, Deputy Government Advocate.
Hon'ble Shri Justice Gautam Chourdiya Order on Board 09.09.2021 1.
The Applicants have preferred this application under Section 439 of Cr.P.C. as they have been arrested in connection with Crime No.376/2021 registered at Police Station Sakri, District Bilaspur (CG) for the offence punishable under Sections 34(2) & 59-A of the CG Excise Act. 2.
Case of the prosecution is that after receiving a secret information that the present Applicants were heading towards Jarhabhata Atal Awas while carrying illicit liquor in their vehicle Activa bearing its Registration No.CG 10 AZ 2808, the police proceeded and recovered 18 bulk liters of country made liquor from them.
3.
Learned counsel for the Applicants submits that the Applicants have been falsely implicated in this crime and are languishing in jail since 17.08.2021 and due to COVID-19 pandemic, conclusion of trial is likely to take some time, therefore, they may be released on bail. 4.
On the other hand, learned State Counsel opposed the bail application. He, however, submits that there are no criminal antecedents
against the present Applicants.
5.
I have heard learned Counsel for both the parties and perused the case diary.
6.
Considering the facts and circumstances of the case, the quantity of the liquor, the fact that the Applicants are in jail since 17.08.2021, there are no criminal antecedents against them, and there is no likelihood of the Applicants' tampering with the evidence or absconding as admitted by both the counsel and the trial may take some time due to Covid-19 Pandemic, without expressing any opinion on the merits of the case, I am inclined to allow this application.
7.
Accordingly, the instant M.Cr.C is allowed and it is directed that in the event of the Applicants' 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, 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 them 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 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 Applicants' involving themselves in any offence in future. Sd/- Gautam Chourdiya JUDGE Priya