High Court Of ChhattisgarhMCRC/8134/2020allowed

Piluram Sahu v. State Of Chhattisgarh

2020-12-01Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8134 of 2020 • Piluram Sahu S/o Dularwaram Sahu Aged About 23 Years Resident Of Village Nawagaon P.S. Bori Tehsil And District Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- District Magistrate, Durg District Durg, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Vijay Kumar Sahu, Advocate.

For State :

Ms. Veena Nair, Dy. Advocate General Hon'ble Shri Justice Gautam Chourdiya Order on Board 1-12-2020

1. Heard on admission.

2. The application is admitted for hearing.

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

4. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 26-10-2020 in connection with Crime No. 81 of 2020 registered in Police Station- Bori, District Durg (CG) for the offence punishable under Section 34(2) of the CG Excise Act.

5. Allegation against the applicant is that he was found in illegal possession of 12.78 bulk liters of country made liquor.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 26-10-2020 and conclusion of the trial is likely to take some time.

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

8. 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 applicant 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 applicant executing a personal bond for a sum of Rs.25,000/- with two equivalent sureties for the like amount 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 Raju