Pradeep Chandrakar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 324 of 2018 • Pradeep Chandrakar S/o Lakhan Chandrakar, Aged About 55 Years, R/o Village Kthautiya, P. S. Dadhi, Tahsil And District Bemetara Chhattisgarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P. S. Dadhi, District Bemetara Chhattisgarh, Chhattisgarh ---- Non-applicant For Applicant - Shri A.K. Yadav, Advocate.

For Non-applicant/State - Shri Vijay Bahadur Singh, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-02-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 15-12-2017 in connection with Crime No.121/2017 registered at P.S. Dadhi, District Bemetara, Chhattisgarh for the offence under Section 34(2) of the C.G. Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in custody since 15-12-2017. Hence, he may be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 5.220 bulk liter illicit liquor has been seized from the possession of the applicant. Also, there are 11 cases under the provisions of the Excise Act registered against the applicant. Hence, he is not entitled for grant of bail.

4.

Heard learned counsel for both the parties and perused the case diary. 5.

Considering the submissions made and the contents of the case diary, though earlier 11 cases under the Excise Act were registered against the

-2applicant, but most of them are of year 2009, 2010, further in the present matter detention of the applicant till conclusion of the trial would not serve any purpose. Hence, for these reasons the application deserves to be allowed. 6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil