Govind Agariya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8708 of 2020 1.

Govind Agariya S/o Shri Nandlal, Aged About 23 Years, 2.

Ramesh Kumar Yadav S/o Shri Shivkumar Aged About 20 Years, Both R/o Navaparakala, Police Station - Premnagar, District - Surajpur (C.G.).

---- Applicants

Versus

1.

State Of Chhattisgarh Through - The Station House Officer, Police Station - Udaypur District - Sarguja (C.G.). ---- Respondent For Applicants : Shri Rishi Rahul Soni, Advocate.

For Respondent/State : Shri B.P. Banjare, Dy. Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 07/12/2020 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 applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 in connection with Crime No. 135/2020 registered at Police Station Udaypur District - Sarguja (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

5) Allegation against the applicants is that they were found in illegal possession of 8.640 bulk Ltrs. Liquor of Goa Whisky. 6) Learned counsel for the applicants submit that the applicants innocent and have been falsely implicated in the case. The applicants were arrested on 20/10/2020 and thereafter they were

released on bail on 22/10/2020 for a period of one month. The applicants were directed to positively surrender on 20/11/2020 before the Judicial Magistrate First Class, Ambikapur. However, the applicants surrendered on 26/11/2020 vide order dated 26/11/2020 which has been submitted by the counsel for the applicants today itself. He also submits that the applicants have no criminal antecedents and conclusion of trial is likely to take some time for its disposal. Therefore, the applicants be released on bail by this Court.

7) Copy of the order dated 26/11/2020 is taken on record. 8) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that the applicants have no criminal antecedents.

9) 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 applicants, 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 each of the applicants 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, 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 Chandrakant