Santosh @ Guddu vs State Of Chhattisgarh

Gautam Chourdiya, J

The matter is heard through Video Conferencing.

Heard on admission.

The application is admitted for hearing.

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

The applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.105/2021 registered

at Police Station- Manendragarh, District Koriya, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

Allegation against the applicant is that he was found in illegal possession of 15 liter & 300 ml. liquor.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 21.03.2021 and

conclusion of trial is likely to take some time. Therefore, applicant be released on bail.

On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedent.

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 35 years old and the fact that the applicant has no criminal antecedent and there is no likelihood of the

applicant tampering with the evidence or absconding as admitted by both the counsel and conclusion of trial may take some time, the application is

allowed. It is directed that in the event of 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 or else this order granting bail to the applicant shall automatically stand

cancelled without further reference to the Bench.

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