Shankar Jayaswal v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1726 of 2018 • Shankar Jayaswal S/o Late Ramlal Jayaswal Aged About 45 Years Caste- Jayaswal, R/o- Village Mahgayee, P.S. Ramanujnagar Tahsil Premnagar, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The Station House Officer, Excise Circle- Ramanujnagar, District-Surajpur, Chhattisgarh., District: Surajpur, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Ms. N.K. Kashyap, Advocate.

For Non-applicant/State :

Mr. Ashok Swarnkar, 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. 44/2018, registered at Police Station- Excise Circle, Ramanujnagar, District - Surajpur(C.G.) for the offence punishable under Section 34(2) and 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 7 bulk liters and he was arrested on 3.2.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 3.2.2018; 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 one previous antecedents of under Section

-234(1)(a) of CG Excise Act.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7 bulk liters; offence is triable by the JMFC and the applicant is in jail since 3.2.2018, 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