High Court Of ChhattisgarhMCRC/1756/2018allowed

Shiv Kumar Patel v. State Of Chhattisgarh

2018-03-19Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1756 of 2018 • Shiv Kumar Patel S/o Manharan Lal Patel Aged About 24 Years R/o Village Temar, Tahsil And P. S. Sakti, Dist. Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P. S. Sakti, Dist. Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Ravindra Sharma, Advocate.

For Non-applicant/State :

Ms. K. Tripti Rao, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 19-03-2018

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. 28/2018, registered at Police Station- Sakti, District - Janjgir-Champa(C.G.) for the offence punishable under Sections 34(1)(A) & 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 9.930 bulk liters and he was arrested on 26.1.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 26.1.2018; 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 six previous antecedents in which one case of C.G. Excise Act, three cases of preventive nature under the provision of

-2CrPC and two other cases under provisions of IPC.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 9.930 bulk liters; offence is triable by the JMFC and the applicant is in jail since 26.1.2018, 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. 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha