Sanjay Jhariya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2444 of 2020 Sanjay Jhariya S/o Mahettar Jhariya Aged About 33 Years Caste - Mahar, R/o Ward No. 07, Vidyanagar, Kawardha, District Kabirdham Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh Through Excise Department, Circle Kawardha, District Kabirdham Chhattisgarh.

---- Respondent For Applicant : Shri Abhishek Sharma, Advocate For State/Respondent : Shri Rahul Jha, Govt. Advocate Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.05.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.07/2020 registered at the Office of In-charge of the Excise Circle, Kawardha (Kabirdham) for the offence punishable under Section 34(1)A, 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 12 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 12.04.2020. He further submits that applicant has no criminal background and has been falsely implicated in the case, and therefore, the applicant may be released on bail.

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

5. I have heard the counsel appearing for the parties.

6. Without commenting on merits, considering the totality of the facts and circumstances of the case, small quantity of liquor and also considering the fact that the applicant is in detention since 12.04.2020, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

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

8. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9. Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) JUDGE N.Mohle