Gowardhan Bharti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8096 of 2020 1.

Gowardhan Bharti S/o Vishnu Bharti, Aged About 30 Years, R/o Bhainsapasara Balodabazar (Khorsinala Pangaon), Thana City Kotwali Balodabazar, District Balodabazar Bhatapara (C.G.). ---- Applicant

Versus

1.

State Of Chhattisgarh Through Police Station City Kotwali, District Balodabazar Bhatapara (C.G.).

---- Respondent For Applicant : Ms. Supriya Upasane, Advocate.

For Respondent/State : Shri Dinesh R.K. Tiwari, Dy. Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 01/12/2020 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 14/10/2020 in connection with Crime No. 669/2020 registered at Police Station City Kotwali, District Balodabazar Bhatapara (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

5) Allegation against the applicant is that he was found in illegal possession of 30 bulk Ltrs. country made liquor (Mahuwa). 6) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question as he has been not committed any offence. He further submits that as the applicant has been arrested on 14/10/2020 and trial is likely to

take some time for its 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, 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 Chandrakant