Vasudev Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9203 of 2020 1.

Vasudev Chandrakar S/o Pawan Chandrakar, Aged About 35 Years, R/o Village Farfaud, Tahsil Arang, District Raipur (C.G.). 2.

Pankaj Dhivar, S/o Dayaram Dhivar, Aged About 30 Years, R/o Village Chhatauna, Tahsil Arang, District Raipur (C.G.). ---- Applicants

Versus

1.

State Of Chhattisgarh, Through Station House Officer, Police Station Arang, District Raipur (C.G.).

---- Respondent For Applicants : Shri C.R. Sahu, Advocate appears on behalf of Shri G.L. Verma, Advocate.

For Respondent/State : Shri Vimlesh Bajpai, Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 16/12/2020 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 First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 14/11/2020 in connection with Crime No. 530/2020 registered at Police Station Arang, District Raipur (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

5) Allegation against the applicants is that they were found in illegal possession of 30.600 bulk Ltrs. of liquor.

6) Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. The

applicants were arrested on 14/11/2020. He also submits that the applicants have no criminal antecedents and conclusion of trial is likely to take some time for its disposal. Therefore, the applicants be released on bail by this Court. 7) On the other hand, learned counsel for the respondent/State opposes the bail application. However, he submits that the applicants have no criminal antecedents.

8) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the liquor was seized from the applicants, considering the quantity of illicit liquor, the detention period of the applicants and the fact that 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 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