High Court Of ChhattisgarhMCRC/2387/2020allowed

Jagnathiya Yadav v. State Of Chhattisgarh

2020-05-06Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2387 of 2020 • Jagnathiya Yadav, S/o Gahira, Aged About 20 Years, Occupation Labourer, R/o Village Dansara, Tahsil Sarangarh, District Raigarh, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Sarangarh, District Raigarh, Chhattisgarh.

---- Respondent ____________________________________________________________________ For Applicant :

Mr. Vaibhav A. Goverdhan, Advocate.

For Non-applicant/State :

Mr. Ghanshyam Patel, Govt. Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-05-2020

1. The default pointed out by the Registry is waived.

2. 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. 191/2020, registered at Police Station-Sarangarh, District-Raigarh, Chhattisgarh for the offence punishable under Sections 34(2) & 59(A) of the Chhattisgarh Excise Act.

3. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 19 bulk liters and he was arrested on 17.4.2020.

4. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 17.4.2020; therefore, he may be released on bail.

5. Learned State counsel opposes the prayer and submissions made by the counsel for applicant.

-26. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 19 bulk liters; offence is triable by the JMFC and the applicant is in jail since 17.4.2020, this Court is inclined to release the applicant on bail.

7. 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha