Parmeshwar Anant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9479 of 2020 • Parmeshwar Anant, S/o Shri Naina Anant, aged about 39 Years Resident of Sonbandha, Police Station Takhatpur, District Bilaspur Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station Excise Circle Bilaspur West, District Bilaspur Chhattisgarh.

----Non-Applicant For Applicant Mr. Ravindra Sharma, Advocate.

For Non-applicant/State Ms. Smriti Shrivastava, P.L. Hon'ble Shri Justice Gautam Chourdiya Order on Board 20/01/2021

1. Heard.

2. The applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.81/2020 registered at Excise Circle, Bilaspur West, District Bilaspur, C.G. for the offence punishable under Sections 34(1)(A)(F), 34(2) and 59(A) of the C.G. Excise Act.

3. Allegation against the applicant is that he was found in

illegal possession of 200 bulk litres of country made liquor (Mahuwa) and 1000 Kg Mahuwa Lahan.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 04.12.2020 and conclusion of trial is likely to take some time. He also submits that the applicant has only one criminal antecedent of the year 2019.

5. On the other hand, learned counsel for the State opposes the bail application. However, she submits that the applicant has only one criminal antecedent of the year 2019.

6. 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 only one criminal antecedent of the year 2019 as admitted by both the counsel and 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.2,00,000/- with one surety of Rs.2,00,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) he shall not act in any manner which will be

prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(iv) he 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 this Court.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

Sd/- Gautam Chourdiya Judge Akhilesh