ROHIT NISHAD v. STATE OF CHHATTISGARH
Court: High Court of Chhattisgarh
Bench: HON'BLE SHRI JUSTICE GAUTAM CHOURDIYA
Judgment date:
Case summary
High Court of Chhattisgarh judgment dated 2020-12-16. ROHIT NISHAD v. STATE OF CHHATTISGARH. Read the judgment and case details on LawSphereX.
Judgment text
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9135 of 2020 • Rohit Nishad, S/o Sukhram Nishad, aged about 37 Years, R/o Ward No. 4, Tebler Set, Dallirajhara, Police Station Dalirajhara, District Balod, Chhattisgarh. ----Applicant Versus • State of Chhattisgarh, Through Station House Officer, Police Station Dallirajhara, District Balod, Chhattisgarh. ---- Respondent For Applicant Shri Prasoon Agrawal, Advocate. For State Shri Vimlesh Bajpai, Government Advocate. Hon'ble Shri Justice Gautam Chourdiya Order on Board 16/12/2020 1. Heard on admission. 2. The application is admitted for hearing. 3. With the consent of the parties, the matter is heard finally. 4. The applicant has preferred this application under Section 439 of Cr. P. C. as he has been arrested in connection with Crime No. 433/2020 registered at Police Station Dallirajhara, District Balod, C. G. for the offence punishable under Section 34 (2) of the C. G. Excise Act. 5.
Allegation against the applicant is that he was found in illegal possession of 6. 240 bulk litres of country made liquor. 6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime. He submits that applicant was arrested on 30. 09. 2020 and thereafter he was released on temporary bail due to outbreak of COVID-19 Pandemic. However, the applicant is still on temporary bail and conclusion of trial is likely to take some time. He also submits that the applicant has no criminal antecedent. 7. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedent. 8.
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 and the fact the applicant has no criminal antecedent as admitted by both the counsels and that 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. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial. 9. It is made clear that the applicant 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. Sd/- Gautam Chourdiya Judge Akhilesh
Source: High Court of Chhattisgarh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.