High Court Of ChhattisgarhMCRC/2210/2021allowed

Balaram v. The State Of Chhattisgarh

2021-05-19Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2210 of 2021 • Balaram S/o Shri Raghuveer Aged About 42 Years By Caste Munda, R/o Villae Jhalpali, Post Lamber, Thana And Tahsil Saraypali, District Mahasamund Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through Station House Officer, Police Station Saraypali, District Mahasamund Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Sunil Sahu, Advocate.

For Non-applicant/State :

Mr. Lalit Jangde, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 19-05-2021

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.407/2020, registered at Police Station- Saraypali, District- Mahasamund, (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 08.11.2020, there is no case against the applicant. Charge-sheet has been filed. Therefore, he may be released on bail.

3. Learned State counsel opposes the submissions made by the learned counsel for the applicant and submits that there is clear evidence regarding commission of offence against this applicant. Therefore, this application may be rejected.

-24. According to the prosecution case, there is 115.00 bulk liters hand made liquor which was seized from the possession of this application. Hence, this case.

5. Considered on the submissions. As the charge-sheet has been filed, the case is now pending for trial, I feel inclined to allow this application.

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 his 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.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Monika