Allowed

Krishna @ Rakesh Banjare v. State of Chhattisgarh

Chhattisgarh HC10 Feb 2021MCRC/999/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. regarding illegal possession of foreign liquor. The applicant, detained since 14.01.2021, was granted bail on personal bond of Rs.1,00,000- with two sureties of Rs.50,000- each, subject to non-interference conditions and cancellation of bail upon future offences.

What did the court decide?

Bail granted on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to specific conditions of non-interference and appearance.

Krishna @ Rakesh Banjare Vs State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 999 of 2021

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Krishna @ Rakesh Banjare, S/o Anandi Banjare, aged about 30 Years, R/o Ward No. 9, Awaspara, Jalbandha, Tahsil Khairagarh, District Rajnandgaon (Chhattisgarh).

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----Applicant

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Versus

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State of Chhattisgarh, Through the Outpost Jalbandha, Police Station Khairagarh, District Rajnandgaon Chhattisgarh.

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----Non-applicant

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For Applicant Mr. Dashrath Prajapati, Advocate. For State Dr. (Ms.) Veena Nair, Deputy A.G.

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Hon'ble Shri Justice Gautam Chourdiya Order on Board

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10/02/2021

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1. Heard on admission.

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2. The application is admitted for hearing.

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

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4. The applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.25/2021 registered at Police Outpost Jalbandha, Police Station Khairagarh, District Rajnandgaon, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

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5. Allegation against the applicant is that he was found in illegal possession of 18 bulk litres of foreign liquor.

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6. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 14.01.2021 and conclusion of trial is likely to take some time.

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7. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has three criminal antecedents.

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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 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

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(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,

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(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

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(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.

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(iv) he shall not involve himself in any offence of similar

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nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to this Court.

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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.

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Sd/Gautam Chourdiya Judge

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Akhilesh

Krishna @ Rakesh Banjare v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Krishna @ Rakesh Banjare v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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