Ashwani @ Ajay Sahu v. State Of Chhattisgarh

M.Cr.C. No. 9014 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 9014 of 2020 • Ashwani @ Ajay Sahu, aged about 23 years, S/o Rikhiram Sahu, By Caste Teli, R/o Village Babudabena, Thana Korar, District Uttar Baster Kanker (C.G.) ---- Applicant

Versus

• The State of Chhattisgarh, Through Police Station Kanker, District Uttar Baster Kanker (C.G.) ---- State/Non-applicant For Applicant :

Shri Shalvik Tiwari, Advocate appears on behalf of Shri Parag Kotecha, Advocate For Non-Applicant/State :

Shri Vimlesh Bajpai, Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 16.12.2020

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 24.11.2020 in connection with Crime No. 299/2020 registered in Police Station- Kanker, District Uttar Baster Kanker (CG) for the offence punishable under Section 34 (2) of the CG Excise Act.

2. Allegation against the applicant is that as per order of the trial Court, the applicant was found in illegal possession of 18 bulk liters of liquor.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 24.11.2020 and conclusion of the trial is likely to take some time. Therefore, the applicant be released on bail.

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

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the

M.Cr.C. No. 9014 of 2020 detention period of the applicant, he has no criminal antecedents as admitted by both the counsel 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. The applicant 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.

6. 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