Ghanshyam & Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 20 of 2021

1. Ghanshyam S/o Hemlal Sahu Aged About 30 Years R/o Village Mohtara, Taluka Balodabazar Police Station City Kotwali Balodabazar , District Balodabazar Bhatapara Chhattisgarh.

2. Tankar Prasad S/o Hemlal Sahu Aged About 26 Years Mohtara, Police Station City Kotwali Balodabazar , District Balodabazar Bhatapara Chhattisgarh.

3. Hemant S/o Amrit Lal Sahu Aged About 19 Years MohtaraPolice Station City Kotwali Balodabazar, District Balodabazar Bhatapara Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Station City Kotwali District Balodabazar Bhatapara Chhattisgarh.

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

Smt. Supriya Upasane, 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 17.12.2020 in connection with Crime No. 874/2020 registered at Police Station- City Kotwali, Balodabazar-bhatapara, District- Balodabazar-Bhatapara (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 105.84 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 17.12.2020 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 fact that applicants are first offenders, 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 themselves in similar offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim