High Court Of ChhattisgarhMCRC/708/2018allowed

Lalaram Tandon v. State Of Chhattisgarh

2018-03-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 708 of 2018 • Lalaram Tandon S/o Shri Kunwar Singh Aged About 52 Years Profession Superintendent Adivasi Balak Ashram Daldali, R/o Village Barbaspur, Police Station And Tahsil Kawardha District Kabirdham Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through The District Magistrate District Kabirdham Chhattisgarh ---- Respondent For Applicant :

Shri Prateek Sharma, Advocate For Respondent-State :

Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/03/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant in connection with Crime No. 26/2017 registered at Police Station Taregaon Jangal, Distt. Kabeerdham (CG) for the offence punishable under Sections 3 & 7 of the Essential Commodities Act.

2. As per the prosecution case, on an information received on 06.12.2017 a raid was conducted and four packets of rice were recovered from a pickup bearing No.MP 51 G 0542 and it is alleged that the said rice was meant for distribution and consumption in the Boys Hostel and was delivered by fair price shop. As such the offence has been committed.

3. Learned counsel for the applicant submits that total 21 quintal rice were procured from the fair price shop and on physical verification which was obtained on 09.12.2017 would show that entire 41 bags were present. He would further submit that the charge-sheet in this case has been filed and no further investigation is necessary and the applicant is in jail since 06.12.2017, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the entire facts of this case also taking into the nature of allegations and also that the charge-sheet in this case has been filed and the applicant is in jail since 06.12.2017, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu