High Court Of ChhattisgarhMCRC/2223/2020allowed

Gajendra Patel v. State Of Chhattisgarh

2020-04-28Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 2223 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2223 of 2020 • Gajendra Patel S/o Setram Patel, Aged About 22 Years Occupation - Labour, R/o Village Langapali, Tahsil Raigarh, Police Station Jutmil Chowki, District Raigarh Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Jutmil Chowki, District Raigarh Chhattisgarh ---- Respondent For Applicant Mr. Prabhat Kumar Saxena, Advocate For Respondent /State Mr. Devesh Verma, Government Advocate SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 28/4/2020

1. Heard.

2. This is an 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.303/2020, registered at Police Station Outpost Jutmil, P.S. Kotwali, District Raigarh (CG) for the offence punishable under Sections 34(2), 59(A) of the Chhattisgarh Excise Act, for illegally possessing 11 bulk liters of handmade Mahuwa liquor.

3. Having heard learned counsel for the parties, having regard to

MCRC No. 2223 of 2020 the facts and circumstances of the case and considering the fact that the applicant is in jail since 22.4.2020, this Court is inclined to release him on bail.

4. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- with one local surety in the like amount to the satisfaction of the concerned on duty remand Magistrate. He is directed to appear before the trial Court on each and every date given by the said Court. It is made clear that if the applicant involves himself in the offence of similar nature in future, this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

5. Consequently, IA No.1, an application for grant of ad interim bail and IA No.2, an application for urgent hearing and IA No.3, an application for exemption from filing certified copy of the order dated 22.4.2020 of the lower Court, stand disposed of. Sd/- (Prashant Kumar Mishra) Judge Shyna