Chattisgarh High Court
Ravi Tandan vs State Of Chhattisgarh on 21 September, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7886 of 2022
Ravi Tandan son of Lakhan Tandan, aged about 28 years,
resident of Village Pachari, Thana Patewa Tahsil and Distt.
Mahasamund (CG)
---- Applicant
In Jail
Versus
State Of Chhattisgarh Through Excise Officer, Excise Circle
Internal - Mahasamund, Distt. Mahasamund (CG)
---- Respondent
For Applicant : Mr. Vikash Pradhan, Advocate. For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer.
Hon'ble Smt. Justice Rajani Dubey Order On Board 21/09/2022 The applicant has preferred this first bail application under Section 439 of CrPC for grant of regular bail as he is arrested in connection with Crime No.46/2022 registered at Police Station - Excise Circle Internal, Mahasamund, Distt. Mahasamund (CG) for the offence punishable under Section 34(2) of CG Excise Act.
02. Allegation against the present applicant is that he was found in illegal possession of 30 liters of mahua liquor.
03. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the crime in question, he is in jail since 21.8.2022; charge sheet has not been filed and conclusion of the trial is likely to take some time, therefore, he may be released on bail.
04. On the other hand, learned counsel for the State opposes the bail application.
05. I have heard learned counsel for the parties and perused the case diary.
06. Considering the facts and circumstances of the case, the quantity of illicit liquor, the detention period of the applicant; there is no likelihood of the applicant tampering with the evidence or absconding as admitted by both the counsel and conclusion of the trial is likely to take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed.
07. It is directed that in the event of applicant executing a personal bond for a sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the 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 the fair and expeditious trial;
(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; and
(iv) 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 any offence in future.
Certified copy as per rules.
sd/ (Rajani Dubey) Judge Khan