Chattisgarh High Court
Jagdish Gond vs State Of Chhattisgarh on 24 January, 2023
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 41 of 2023
• Jagdish Gond S/o Nirakar Gond Aged About 29 Years R/o-
Sector-2, Road No. 22, Quarter-5a, Bhilai, District Durg (C.G.)
---- Petitioner
Versus
• State Of Chhattisgarh Through The Police Of Thana-
Dongargaon, District-Rajnandgaon (C.G.)
---- Respondent
For Applicant : Ms. Supriya Upasne, Advocate For Respondent /State : Smt. Usha Chandrakar, PL Hon'ble Shri Justice Sachin Singh Rajput Order On Board 24/01/2023 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 295/2019 registered at police station Arakshi Dongergaon, District Rajnandgaon (CG) for the offence punishable under Section 34(2) of the CG Excise Act.
2. Case of prosecution in brief is that on receiving secret information from the informant, the police party raided and seized 40 boxes (totalling to 3,49,000 ml.) of illicit foreign liquor from the vehicle of co-accused and the applicant.
3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. She submits that similarly placed co-accused has been granted bail by this Court in M.Cr.C. No. 662/2020 vide order dated 05.02.2020, therefore the applicant may also be granted the benefit. Shr submits that the applicant is in jail since 11.12.2022 and the trial may take some time for its disposal and therefore he be released on bail. He has also relied upon the order passed by this Court in Banti Singh Vs. State of Chhattisgarh (MCRC No. 6846 of 2014) decided on 05.01.2015 and in the case of Seeta Devi Vs. State of Chhattisgarh (MCRC No. 3201 of 2021) decided on 02.06.2021.
4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant six criminal antecedents against him and therefore his application may be rejected.
5. Heard counsel for the parties and perused the case diary.
6. Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicant and also considering the fact that the applicant is in custody since 11.12.2022, I am inclined to grant him regular bail. Accordingly, the application filed under Section 439 of the Code of Criminal Procedure is allowed.
7. It is directed that in the event of the applicants furnishing a personal bond of Rs. 10,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail subject to the following conditions:
I) He shall appear before the trial court regularly on each and every date, unless exempted from appearance.
ii) He shall not make any attempt to tamper with the prosecution witnesses.
It is made clear that if any of the conditions is violated by the applicant and brought to the notice of the trial court, the trial court would be at liberty to cancel the bail granted to the applicant.
Sd/-
(Sachin Singh Rajput) Judge suguna