High Court Of ChhattisgarhMCRC/2460/2020allowed

Gangaram Sonwani v. State Of Chhattisgarh

2020-05-08Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2460 of 2020 Gangaram Sonwani S/o Shri Panchram Sonwani, aged about 40 years, Caste: Satnami, R/o Village Mungadih, Tahsil Basna, Police Station Basna, Civil And Revenue District- Mahasamund, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh through Station House Officer, Police Station: Basna, Civil And Revenue District- Mahasamund, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Mr. Sunil Verma, Advocate.

For Respondent/State : Mr. Devendra Pratap Singh, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/05/2020

1. The matter is heard through Video Conferencing.

2. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 194/2020, registered at Police Station - Basna, Civil and Revenue District- Mahasamund (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act.

3. As per the prosecution story, on 27.04.2020, on the basis of information received from informant, police officials searched and seized total 15 Litres of country-made hand-made alcohol namely Mahuaa from the possession of the present Applicant. On the basis of said, offence has been registered. The Applicant is in custody since 27.04.2020.

4. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He

further submits that the Applicant has no criminal antecedents, he is in custody since 27.04.2020, charge sheet has not been filed and trial is likely to take some time. Therefore, he may be released on bail.

5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

6. I have heard learned Counsel for the parties.

7. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the the applicant has no criminal antecedent, he is in custody since 27.04.2020, charge sheet has not been filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicant on bail.

8. Accordingly, the bail application is allowed.

9. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Saurabh