Mukund Sidar vs State Of Chhattisgarh

Gautam Chourdiya, J

1)Â Â The matter is heard through Video Conferencing.

2)Â Â Â The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since

20/03/2021 in connection with Crime No. 102/2021 registered at Police Chowki Balouda, Police Station Saraipali, District Mahasamund (C.G.) for the

offence punishable under Section 34(2) of Chhattisgarh Excise Act.

3)Â Â Allegation against the applicant is that he was found in illegal possession of 10 bulk Ltrs. of country made liquor (Mahuwa).

4)Â Â 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 20/03/2021, and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail by this

Court.

5)Â Â On the other hand, learned counsel for the respondent/State opposes the bail application. He submits that the applicant has 01 criminal

antecedent bearing Crime No. 459/2020 under Section 34(2) of the Excise Act registered at Police Station Saraipali, District Mahasamund (C.G.)

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

55 years old, and the fact that there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel,

applicant has 1 criminal antecedent of Excise Act of the year 2020, and that conclusion of trial may take some time, the application is allowed. It is

directed that in the event 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, 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 the Court.

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

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.