High Court Of ChhattisgarhMCRC/8249/2020allowed

Santram Bande, v. State Of Chhattisgarh,

2020-12-03Hon'Ble Shri Justice Gautam Chourdiya2 pages

M.Cr.C. No. 8249 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8249 of 2020 • Santram Bande, Aged 39 years, S/o Late Shri Motilal Bande, R/o Village Daihanpara, Podi (C), Police Station Sirgitti, District Bilaspur (C.G.). ---- Applicant

Versus

• State of Chhattisgarh, Through: Police Station Sirgitti, District Bilaspur (C.G.) ---- State/Non-applicant For Applicant :

Shri Krishna Kumar Khatri, Advocate For Non-Applicant/State :

Shri Dinesh Kumar Tiwari, Deputy Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 03.12.2020

1. Heard on admission.

2. The application is admitted for hearing.

3. With the consent of the parties, the application 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 25.10.2020 in connection with Crime No. 491/2020 registered in Police Station- Sirgitti, District Bilaspur (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 06 liters of hand made liquor (Mahuwa liquor).

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 25.10.2020 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

M.Cr.C. No. 8249 of 2020 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.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 vatti