Bunty Manglani v. Satate Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1606 of 2018 • Bunty Manglani S/o Late Nagdev Manglani Aged About 36 Years R/oMahaveer Nagar, Post Office- Raipur, Police Station- New Rajendra Nagar, Raipur, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• Satate Of Chhattisgarh Through- Station House Officer, Police StationTelibandha, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicant - Shri Shivendu Pandya, Advocate. For Non-applicant/State - Smt. Smita Ghai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-03-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for grant of regular bail. The applicant has been arrested on 05-02-2018 in connection with Crime No.99/2018 registered at P.S. - Telibandha, District Raipur, Chhattisgarh, for the offence under Section 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 05-02-2018. 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 5 bulk liter illicit liquor has been seized from the possession of the applicant. Also, against this applicant nine previous cases out of them some cases being the prosecution under various provisions of IPC and some cases are of preventive nature under the provisions of CrPC registered against this applicant. 4.

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

-25.

Considered the submissions made and the contents of the case diary. 6.

Considering the fact that though earlier aforesaid cases have been registered against the applicant, but no earlier case is reported against him for the offence under the provision of the Excise Act and the fact that detention of the applicant till conclusion of the trial would not serve any purpose, this Court is of this view that for these reasons the application deserves to be allowed. 7.

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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha