Sheshnath Ojha v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9538 of 2020

1. Sheshnath Ojha S/o Vasudev Ojha Aged About 35 Years R/o 91 A, Block Talpuri Risali, Thana Sector 06, Bhilai, District Durg Chhattisgarh.

2. Krishna Dhanker S/o Ramlal Dhanker Aged About 29 Years R/o Shivpara, Murum Khadan, Supela, District Durg Chhattisgarh. ---- Applicants

Versus

• The State Of Chhattisgarh Through Police Station Kanker District U.B. Kanker Chhattisgarh.

---- Non-Applicant/State For Applicants :

Shri Parag Kotecha, Advocate For Non-Applicant/State :

Shri Sudhir Sahu, P.L.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 21.01.2021

1) The applicants have preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as they are in jail since 24.11.2020 in connection with Crime No.299/2020 registered at Police Station- Kanker, District- U.B. Kanker (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act.

2) Allegation against the applicants is that they were found in illegal possession of 126 bulk Ltrs English Liquor.

3) Learned counsel for the applicants submit that the applicants have been falsely implicated in the crime in question, they have not committed any offence. Learned counsel for the applicants further submit that the applicants have no criminal antecedent and as the applicants have been arrested on 24.11.2020 and trial is likely to take some time for its final disposal. Therefore, the applicants be released on bail by this Court.

4) On the other hand, learned counsel for the respondent/State opposes the bail application, however, he submits that the applicants have no criminal antecedent.

5) 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 applicant, 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 conclusion of trial may take some time, the application is allowed. It is directed that in the event each of the applicant 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:- (a)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 them from disclosing such fact to the Court.

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

(d) they shall not involve themselves 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. Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicants involving himself in similar offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim