Ajay Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8494 of 2020

1. Ajay Yadav son of Nilkanth Yadav aged about 20 years.

2. Sanjay Chandrakar son of Prahlad Chandrakar, aged about 20 years, both the resident of ward No. 10 Navagaon Bagbahara, Thana Bagbahara, District Mahasamund (C.G.).

3. Dushyant Chandrakar son of B. R. Chandrakar, aged about 34 years, resident of ward No. 9 Gurudwara Para, Bagbahara, Thana Bagbhara, District- Mahasamund (C.G.).

----Applicants

Versus

• State of Chhattisgarh, Through- Station House Officer, Police StationBagbahara, District- Mahasamund (C.G.). ---- Respondent For Applicant :Shri Vikash Pradhan, Advocate For State :Shri Vimlesh Vajpayee, G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 07/12/2020 1.

Learned counsel for the applicants submits that the default as pointed by the Registry has already been removed.

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 applicants have preferred this application under Section 439 of

Cr.P.C. as they are in jail since 10.10.2020 in connection with Crime No.207/2020 registered at Police Station Bagbahara, District- Mahasamund Chhattisgarh for the offence punishable under Sections 34 (2) of the C.G. Excise Act.

6.

Allegation against the applicants is that they were found in illegal possession of 17.820 liters of liquor.

7.

Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 10.10.2020 and conclusion of trial is likely to take some time. He also submits that the applicants have no criminal antecedent. 8.

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

9.

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 and the fact that the applicants have no criminal antecedent as admitted by both the counsels and that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicants executing a personal bond for a sum of Rs. 50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court, they shall be released on bail. They 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.

10.

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 amita