High Court Of ChhattisgarhMCRC/2162/2020allowed

Ishwari Prasad Dewangan v. State Of Chhattisgarh

2020-05-12Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2162 of 2020 • Ishwari Prasad Dewangan, S/o Lachanlal Dewangan, aged about 54 Years, R/o Bhatapara, Ward No. 20, Asoga, Ranitarai, Tahsil Patan, Civil and Revenue District Durg, Chhattisgarh. ----Applicant

Versus

• State of Chhattisgarh Through- Officer-in-Charge of Excise Circle West Durg, District Durg, Chhattisgarh.

---- Respondent For Applicant Mr. Punit Ruparel, Advocate.

For Respondent/State Ms. Sunita Jain, Dy. Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order in Chamber 12/05/2020

1. The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 07.03.2020 in connection with Crime No. 212/2020 registered in Police Station- Excise Circle West Durg, District Durg, C.G. for the offence punishable under Section 34 (2) of the CG Excise Act.

2. Allegation against the applicant is that he was found in illegal possession of 5.88 bulk litres of country made liquor.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 07.03.2020, and conclusion of trial is likely to take some time.

4. On the other hand, learned counsel for the State opposes the bail

application.

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.

6. It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

Sd/- Gautam Chourdiya Judge Akhilesh