Puniram Yadav vs State Of Chhattisgarh

Gautam Chourdiya, J

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

2)Â Â Heard on admission.

3)Â Â The application is admitted for hearing.

4)Â Â With the consent of the parties, the matter is heard finally.

5)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 27/03/2021

in connection with Crime No. 112/2021 registered at Police Station Excise North Circle, District Raigarh  (C.G.) for the offence punishable under

Section 34(1)(A), 34(2) & 59(A) of Chhattisgarh Excise Act.

6)Â Â Allegation against the applicant is that he was found in illegal possession of 8.460 bulk Ltrs. of country made liquor (Mahuwa).

7)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 27/03/2021, and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail by this

Court.

8)Â Â Â On the other hand, learned counsel for the respondent/State opposes the bail application. He submits that the applicant has no criminal

antecedent.

9) 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 applicant who is 62 years old, and the fact that the applicant has no criminal antecedent and 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, the application

is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- with two sureties of Rs. 25,000/- 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.

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