Gendram Mahilange v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1272 of 2018 • Gendram Mahilange S/o Kalaram, Aged About 19 Years, R/o.- VillageNagjhar, Police Station- Maalkharauda, Civil And Revenue DistrictJanjgir- Champa (C.G.), District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- District Magistrate/Station House Officer, Police Station- Maalkharauda, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Non-applicant For Applicant - Shri Darmesh Srivastava, Advocate. For Non-applicant/State - Shri Aditya Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-02-2018 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 12-01-2018 in connection with Crime No.19/2018 registered at P.S. - Maalkharauda, District- Janjgir-Champa, Chhattisgarh for the offence under Section 34(1)(a), 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 12-01-2018. 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 20 bulk liter illicit liquor has been seized from the possession of the applicant. Also, there is one previous case under the provisions of the Excise Act registered against the applicant. Hence, he is not entitled for grant of bail.

4.

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

-25.

Considered on the submissions made and the contents of the case diary. Though one previous case of the similar offence has been reported against the applicant, but conviction or acquittal of the applicant in the said previous case has not been reported, 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