Dolnarayan Dansena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 562 of 2018 Dolnarayan Dansena S/o Aktiram Dansena Aged About 46 Years Occupation Agriculturist, R/o Village Jabalpur, Tahsil Kharsiya, District Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Bhupdevpur, District Raigarh, Chhattisgarh.

---- Respondent For the Applicant :

Shri Sanjay Agrawal, Advocate.

For the Respondent/State :

Shri Anant Bajpai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

15.02.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.90 of 2017, registered at Police Station Bhupdevpur, District - Raigarh, Chhattisgarh for the offence punishable under Sections 34(1)(a)(2) and 59(a)(1) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 12 bulk liters and he was arrested on 4.1.2018.

3.

Learned counsel for the applicant submits that the applicant is in jail since 4.1.2018 and the applicant has been falsely implicated in this case;

therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the applicant has previous antecedents, one case is under Excise Act, one case is under Cr.P.C. and two cases under Indian Penal Code, are pending against the applicant. Hence, he is not entitled for grant of bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 12 bulk liters; offence is triable by the JMFC and the applicant is in jail since 4.1.2018, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi