Raju Sahu v. State Of Chhattisgarh

M.Cr.C. No.9485 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 9485 of 2020

1. Raju Sahu son of late Ramji Sahu, aged about 35 years, resident of VillageSivni, Police Station- Mujgahan, District Raipur (C.G.)

2. Lekhnarayan Verma son of Ramgulal Verma, aged about 23 years, resident of Village- Ghatkarra, Police Station- Panduka, District Gariyaband (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through : Station House Officer, Police StationRajim, District- Gariyaband (C.G.) ---- State/Non-applicant For Applicants :

Shri Krishna Kumar Dewangan, Advocate For Non-Applicant/State :

Smt. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 20.01.2021

1. The applicants have preferred this first bail application under Section 439 of Cr.P.C. as they are in jail since 03.04.2020 in connection with Crime No. 66/2020 registered in Police Station- Rajim, District Gariyaband (CG) for the offence punishable under Section 34 (2) of the CG Excise Act and Section 188, 34 of IPC.

2. Allegation against the applicants is that the applicants were found in illegal possession of 13.50 bulk liters of hand made mahuwa liquor.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this crime, they are languishing in jail since 03.04.2020 and conclusion of the trial is likely to take some time. Therefore, the applicants 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 detention period of the applicants, that there is no apprehension of the

M.Cr.C. No.9485 of 2020 applicants tampering with the evidence or absconding and also they have only one criminal antecedents of the year 2019 as admitted by both the counsel, without expressing any opinion on merits of the case, the bail application is allowed.

6. It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:- i.

they 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. they shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. iv. they 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 vatti