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High Court Of ChhattisgarhMCRC/1768/2018allowed

Toran Kumar v. State Of Chhattisgarh

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

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1768 of 2018 • Toran Kumar S/o Late Chamar Singh Manjhi, Aged About 40 Years, Caste Manjhi, R/o Village Bailachunwa, Police Station & Tahsil Shakti, Civil & Revenue District Janjgir-Champa Chhattisgarh, District : JanjgirChampa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Shakti, Civil & Revenue District Janjgir-Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Non-applicant For Applicant - Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State - Ms. Smita Ghai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 19-03-2018 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 27-01-2018 in connection with Crime No.30/2018 registered at P.S. Shakti, District Janjgir-Champa, Chhattisgarh for the offence under Section 34(1)(A) & 34(2) of 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 27-01-2018. Hence, he may be released 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. Hence, he is not entitled for grant of bail.

4.

Heard learned counsel for the parties and perused the case diary. 5.

Considering the submissions made and the contents of the case diary, detention of the applicant till conclusion of the trial would not serve any

-2purpose. 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