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Rajju Padram vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 14 June 2021 · Citation: (2021) 06 CHH CK 0032

HON’BLE JUDGES
Gautam Chourdiya, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Chhattisgarh Excise Act, 1915 — Section 34(2), 59A
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 3547 Of 2021
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Judgment

24 paragraphs · 434 words

1) The matter is heard through Video Conferencing.

2) Heard on admission.

3) The application is admitted for hearing.

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

5) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 02/05/2021 in

connection with Crime No. 149/2021 registered at Police Station Lormi, District Mungeli (C.G.) for the offence punishable under Section 34(2) &

59(A) of Chhattisgarh Excise Act.

6) Allegation against the applicant is that he was found in illegal possession of 12 bulk Ltrs. of country made liquor (Mahuwa).

7) 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 02/05/2021, and trial is likely to take some time for its disposal. Therefore, the applicant be released on bail by this

Court.

8) 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, the detention period of the applicant who is

26 years old, the fact that the applicant has no criminal antecedents 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 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.