Bhuwanlal Patre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8047 of 2020 • Bhuwanlal Patre S/o Shri Adhar Patre Aged About 24 Years R/o Village Pachbahara (Chhirhapara), P. S. Takhatpur, District Bilaspur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Excise Division Flying Squad, Bilaspur, District Bilaspur Chhattisgarh. ---- Respondent For Applicant : Shri Chandra Kumar, Advocate For Respondent/State : Shri Vimlesh Bajpai, G.A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 27/11/2020

1) Heard on admission.

2) The application is admitted for hearing.

3) With the consent of the parties, the matter is heard finally.

4) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 18.10.2020 in connection with Crime No.62/2020 registered at Police Station Excise Division Flying Squad Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Section 34(1)A, 34(2), 34(2), 59(A) of the C.G. Excise Act.

5) Allegation against the applicant is that he was found in illegal possession of 10 Ltrs. liquor.

6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he has not committed any offence. He further submits that as the applicant has been arrested on 18.10.2020 and trial is likely to take some time for its final disposal. Therefore, the applicant be released on

bail by this Court.

7) On the other hand, learned counsel for the respondent/State opposes the bail application.

8) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the liquor was seized from the applicant, considering the quantity of illicit liquor, the detention period of the applicant and the fact 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.50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail. He is directed to appear before the Trial Court on each and every date given to him by the said Court, till disposal of the trial.

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

Sd/- (Gautam Chourdiya) Judge Nadim