Padman Devdas v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 629 of 2018 • Padman Devdas S/o Kanhaiya Lal Devdas Aged About 31 Years Village Charbhatha, Police Station And Tehsil Khairagarh District Rajnandgaon Chhattisgrh, District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

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

Shri S. S. Baghel, Advocate.

For Non-applicant/State :

Shri Vinod Tekam, 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.03/2018 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 36 bulk liters illicit liquor has been seized from the possession of the applicant. Also, against this applicant one previous case under Section 36(C) of CG Excise Act is registered. Hence, he is not entitled for grant of bail.

4.

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

Considered the submissions made and the contents of the case diary.

-2Though there are one 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