Subhash Banchor v. State Of Chhattisgarh

M.Cr.C. No. 7532 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7532 of 2020

1. Subhash Banchor, S/o Shri Shyam Banchor, aged about 36 years, Caste Ghasiya

2. Naresh Sonwani, S/o Shri Laxman Sonwani, aged about 26 years Both are R/o Village - Baazarpara, Thana & Tahsil Saraypali, District Mahasamund (C.G.) ---- Applicants

Versus

• The State of Chhattisgarh, Through the Station House Officer, P.S. Saraypali, District Mahasamund (C.G.) ---- State/Non-applicant For Applicants :

Shri Sumit Shrivastava, Advocate For Non-Applicant/State :

Shri Dinesh Kumar Tiwari, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 04.12.2020

1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. as they are in jail since 25.09.2020 in connection with Crime No. 339/2020 registered in Police Station- Thana Saraypali, District Mahasamund (CG) for the offence punishable under Section 34 (2) of the CG Excise Act.

2. Allegation against the applicants is that they were found in illegal possession of 25 liters of hand made mahuwa liquor.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 25.09.2020 and conclusion of the trial is likely to take some time.

4. On the other hand, learned counsel for the State opposes the bail application.

M.Cr.C. No. 7532 of 2020

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 detention period of the applicants, they have no criminal antecedents as admitted by both the counsel and the fact that conclusion of the trial may take some time, without expressing any opinion on merits of the case, 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.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. The applicants are directed to appear before the trial Court on each and every date given to them by the said Court, till disposal of the trial.

6. It is made clear that the applicants shall not involve themselves in any offence of similar nature in future or else this order granting bail to the applicants shall automatically stand cancelled without further reference to the Bench.

Sd/- (Gautam Chourdiya) Judge vatti