Narendra Kuamr Banjare v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1054 of 2018 • Narendra Kuamr Banjare S/o Vishay Banjare, Aged About 34 Years R/o Village Nangchui, Takhatpur, P.S. Takhatpur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O. Chowki, Junapara, P.S. Takhatpur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant - Shri Ravindra Sharma, Advocate. For Non-applicant/State - Shri Wasim Miyan, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 19-02-2018 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 19-01-2018 in connection with Crime No.37/2018 registered at Chowki, Junapara, P.S. Takhatpur, District Bilaspur Chhattisgarh for the offence under Section 34(2), 59(a) of the 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 19-01-2018. 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 7 bulk liter illicit liquor has been seized from the possession of the applicant. Also, there is one previous case under the provision of the IPC registered against him. Hence, he is not entitled for grant of bail.

4.

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

Considered on the submissions made and the contents of the case diary. Though one case under the provisions of the IPC was registered against

-2this applicant, but no case for under the provisions of the Excise Act has been reported against the applicant, 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