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High Court Of ChhattisgarhMCRC/2351/2020allowed

Vinod Gond v. State Of Chhattisgarh

2020-05-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2351 of 2020 Vinod Gond, aged 21 years, S/o. Ram Mohan Gond, R/o. Village Pathari Dera Tundra, P.S. Gidhouri, District - Baloda - Bazar - Bhatapara (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, S.H.O. - P.S. - Gidhouri, District- Baloda-Bazar - Bhatapara, Chhattisgarh.

---- Respondent For Applicant :

Mr. Hemant Gupta, Advocate For Respondent :

Ms. Akanchha Jain, Dy.G.A.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 14/05/2020 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.95/2020, registered at Police Station- Gidhouri, District - Baloda-Bazar - Bhatapara (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 20 liters and he was arrested on 11.04.2020.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 11.04.2020; therefore, he may be released on bail.

4.

Learned State counsel opposes the application for grant of bail and the submission made in this respect.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 20 liters; offence is triable by the JMFC and the applicant is in jail since 11.04.2020, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on 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.

Certified as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram