Ajay Singh vs State Of Chhattisgarh
2021 Latest Caselaw 2028 Chatt

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                                                                        NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                          MCRC No. 5576 of 2021

1.

Ajay Singh S/o Shri Ranjeet Singh, Aged About 24 Years, R/o Village Devri, Police Station Devri, District Balod (C.G.).

---- Applicant Versus

1. State Of Chhattisgarh, Through Excise Circle Dondi Lohara, District Balod (C.G.).

---- Non-Applicant

For Applicant : Mr. Avinash Chand Sahu, Advocate. For Non-Applicant/State : Ms. Deepti Shukla, Panel Lawyer.

Hon'ble Shri Justice Gautam Chourdiya Order on Board

26/08/2021

1) The matter is heard through Video Conferencing.

2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 07/07/2021 in connection with Crime No. 06/2021 registered at Police Station Excise Circle Dondi Lohara, District Balod (C.G.) for the offence punishable under Sections 34(2), 34(1)(A), 36 & 59(A) of Chhattisgarh Excise Act.

3) Allegation against the applicant is that he was found in illegal possession of 28.8 bulk Ltrs. of foreign liquor.

4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant has been arrested on 07/07/2021. He submits that trial is likely to take some time for its disposal due to COVID-19 Pandemic. Therefore, the applicant be released on bail by this Court.

5) On the other hand, learned counsel for the State opposes the bail application. However, she submits that the applicant has 01 criminal antecedent bearing Crime No. 91/2017 for offence under Section 34(1) of Chhattisgarh Excise Act, registered at Police Station Devri,

District Balod (C.G.). However, in the above case the applicant has been acquitted by giving him benefit of doubt vide judgment dated 11/12/2017 of the trial Court.

6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicant who is 24 years old, the fact that the applicant has already been acquitted of the only offence under Section 34(1) of Chhattisgarh Excise Act registered against him in 2017 by the Trial Court, considering the quantity of illicit liquor, there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel and that conclusion of trial may take some time due to COVID-19 Pandemic, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each 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,

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 strictly follow the COVID-19 protocol issued by the Central Govt./State Govt./Local Authority,

v. he shall not involve himself in any offence of similar nature in future.

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 Chandrakant