Itwari Tandan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 625 of 2018 • Itwari Tandan S/o Late Veer Singh Tandan Aged About 48 Years R/o Village Charbhatha, Police Station Khairagarh, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khairagarh, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondent For Applicant :

Shri G.P. Kurre, Advocate.

For Non-applicant/State :

Shri Anant Bajpai, 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 by the applicant for grant of regular bail. The applicant has been arrested on 03-01-2018 in connection with Crime No.04/2018 registered at P.S. - Khairagarh, District Rajnandgaon, 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 03-01-2018. 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 9.360 bulk liters illicit liquor has been seized from the possession of the applicant. Also, there are three previous cases under the CG Excise Act and one murder case are registered. Hence, he is not entitled for grant of bail.

4.

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

-25.

Considered the submissions made and the contents of the case diary. Though there are four previous case registered against this applicant, but conviction or acquittal of the applicant has not been reported, further in the present matter detention of the applicant till completion of investigation and 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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha