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High Court Of ChhattisgarhMCRC/788/2018allowed

Mahendra Agrawal v. The State Of Chhattisgarh

2018-02-19Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 788 of 2018 Mahendra Agrawal S/o Shri Babulal Agrawal Aged About 32 Years R/o Ward No. 1 Tendukona, Thana Tendukona, Tahsil Pithoura, Civil And Revenue District Mahasamund Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through The Excise Officer, Excise Circle Pithora Civil And Revenue District Mahasamund Chhattisgarh. ---- Respondent For the Applicant :

Shri Sunil Sahu, Advocate.

For the Respondent/State :

Shri Wasim Miyan, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

19.02.2018 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.21 of 2018, registered at Police Station Excise Circle Pithora, District - Mahasamund, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 10.80 bulk liters and he was arrested on 9.1.2018.

3.

Learned counsel for the applicant submits that the applicant is in jail since 9.1.2018 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 prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has two previous antecedents under the provisions of Chhattisgarh Excise Act and one case is under Code of Criminal Procedure.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 10.80 bulk liters; offence is triable by the JMFC and the applicant is in jail since 9.1.2018, 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