High Court Of ChhattisgarhMCRC/8220/2020allowed

Akash Kumar v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8220 of 2020 • Akash Kumar, Son of Raja, aged about 25 Years Caste Basor, Occupation- Labour, Resident of Village- Keradol, Police StationPodi, Tahsil- Khadgawan, District- Korea (Chhattisgarh). ----Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station- Chirmiri (Wrongly Mentioned as Police Station- Patna in the Bail Rejection Order), District- Korea (Chhattisgarh). ---- Respondent For Applicant Shri Hemant Kumar Agrawal, Advocate.

For State Shri Vimlesh Bajpai, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya 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 matter is heard finally.

4. The applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.387/2020 registered at Police Station Chirmiri, District Korea, C.G. for the offence punishable under Section 34 (2) of the C.G. Excise Act.

5. Allegation against the applicant is that he was found in illegal

possession of 7 bottles (each of one litre) of country made liquor (Mahuwa).

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he was arrested on 12.10.2020 and thereafter from 02.11.2020, he is on parole due to COVID-19 Pandemic and conclusion of 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 trial may take some time, 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 Akhilesh