Sukoram Poyami v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8724 of 2020 • Sukoram Poyami S/o Late Hirma Poyami Aged About 30 Years R/o Gram Katenar, Hungapara, Police Station Darbha, District Bastar Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through Station House Officer, Police Station Kodenar, District Bastar Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Kalpesh Ruparel, Advocate.

For State :

Mr. B.P. Banjare, Dy. Govt. Advocate Hon'ble Shri Justice Gautam Chourdiya Order on Board 07-12-2020

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 21-10-2020 in connection with Crime No. 63 of 2020 registered in Police Station- Kodenar, District Bastar (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 6.300 liters of English Gova Whisky.

6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 21-10-2020 and conclusion of the trial is likely to take some time. He also submits that the applicant has no criminal antecedent.

7. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedent.

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 the applicant has no criminal antecedent as admitted by both the counsels and that conclusion of the 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 equivalent 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 Raju