High Court Of ChhattisgarhMCRC/1100/2018allowed

Shambhu Pandey v. State Of Chhattisgarh

2018-02-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1100 of 2018 • Shambhu Pandey S/o Mithlesh Prasad Pandey Aged About 40 Years R/o Amraiyapara Chowki, Manikpur, Tahsil And District Korba C.G., District : Korba, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Excise Circle Darri, Gevra, Korba District Korba, Chhattisgarh, District : Korba, Chhattisgarh. ---- Respondent For Applicant :

Mr. Dheerendra Pandey, Advocate For Respondent :

Mr. N.K. Mehta, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23.02.2018

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 who has been arrested in connection with Crime No. 90/2018, registered at Police Station- Excise Circle - Darri, Gevra, Korba, District - Korba, (C.G.) for the offence punishable under Sections 34(1)(A), 34 (2), 59 - A of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.94 bulk liters and he was arrested on 26.01.2018.

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3. Learned counsel for the applicant submits, that the applicant has falsely been implicated in this case and he is in jail since 26.01.2018. therefore, he may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized illicit liquor is 5.94 bulk liters; offence is triable by the JMFC and the applicant is in jail since 26.01.2018, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal