Santosh Sethiya v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2599 of 2021 • Santosh Sethiya S/o Late Shri Kedar Nath Sethiya, Aged About 30 Years, By Caste Sundi, R/o Village Marenga Khaspara, Police Station Parpa District Baster Jagdalpur Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer Police Station Parpa, District Jagdalpur Chhattisgarh.

----Non-applicant For Applicant - Shri Sunil Sahu, Advocate.

For Non-applicant/State - Shri Uddhav Sharma, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 17-05-2021 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 23-03-2021 in connection with Crime No.66/2021 registered at P.S. - Parpa, District Jagdalpur, Chhattisgarh for the offence under Section 34(2) of Chhattisgarh Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 23-03-2021. Hence, it is prayed that the applicant may be granted bail. 3.

Learned counsel for the State/non-applicant opposes the application submitting that huge quantity of illicit liquor has been seized from the possession of this applicant and further he also has previous record regarding commission of similar offences. Therefore, he is not entitled for grant of bail. 4.

Heard learned counsel for the parties and perused the documents. 5.

According to the prosecution case, in total 118.680 bulk liters of foreign liquor were recovered from the possession of this applicant, regarding which

-2the case has been registered.

6.

Considering on the submissions and looking to the fact that the case is now pending for trial before the trial Court, I feel inclined to allow this application.

7.

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. 8.

Certified copy as per rules.

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