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High Court Of ChhattisgarhMCRC/510/2018allowed

Kush Kumar Sahu v. State Of Chhattisgarh

2018-02-15Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 510 of 2018 Kush Kumar Sahu S/o Uday Ram Sahu, Aged About 27 Years R/o Village Lodajhhar, Thana Bhupdevpur, District Raigarh, Chhattisgarh. ---- Applicant

Versus

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

---- Respondent For the Applicant :

Shri Vikas Pandey, 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.6 of 2018, registered at Police Station Bhupdevpur, District - Raigarh, Chhattisgarh for the offence punishable under Sections 34(1)(A)(2) and 59(1)(A) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 12.420 bulk liters and he was arrested on 2.1.2018.

3.

Learned counsel for the applicant submits that the applicant is in jail since 2.1.2018 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 Cr.P.C. and three cases under Excise Act, 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 12.420 bulk liters; offence is triable by the JMFC and the applicant is in jail since 2.1.2018, 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