Bhanupratap Korram v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8671 of 2020

1. Bhanupratap Korram S/o Shivprasad Korram, Aged About 30 Years

2. Rajendra Kumar Thakre, S/o Samsai Thakre, Aged About 32 Years Both R/o Gram Keregaon, Tahsil Chhuriya District Rajnandgaon, Chhattisgarh.

---- Applicant In Jail

Versus

State Of Chhattisgarh, Through The Police Station Chilhati District Rajnandgaon Chhattisgarh.

---- Respondent For Applicants :

Shri Anuroop Panda, Advocate.

For Respondent/State :

Shri B.P. Banjare, Dy. GA.

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 the consent of the parties, the matter is heard finally.

4. The applicants have preferred this application under Section 439 of Cr.P.C. as they are in jail since 10.11.2020 in connection with Crime No.63/2020 registered at Police Station-Chilhati, Distt. Rajnandgaon, C.G. for the offence punishable under Section 34

(2) of the C.G. Excise Act.

5. Allegation against the applicants is that they were found in illegal possession of 12.960 bulk litres of country made liquor.

6. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 10.11.2020 and conclusion of trial is likely to take some time. He also submits that the applicants have no criminal antecedent.

7. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicants have 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 applicants and the fact 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 of 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.

9. 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