Subhash Bhoi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2465 of 2020 Subhash Bhoi S/o Chandan Bhoi Aged About 42 Years R/o Village Navagaon, Thana Basna, Tahsil Pithora, District Mahasamund, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sankara, District Mahasamund, Chhattisgarh ---- Respondent For Applicant : Mr. Vikash Pradhan, Advocate appears through video conferencing.

For Respondent/State : Ms. Hamida Siddiqui, Deputy Advocate General appears through video conferencing.

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. 49/2020, registered at Police Station Sankara, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3. As per the prosecution story, on the basis of information received from an informant, police personnels searched the applicant and total 5 bulk litres of country-made liquor has been seized from his possession and he has been arrested on 11.04.2020.

4. Learned counsel appearing on behalf of the applicant through video conferencing submits that the applicant is innocent and has been falsely implicated in the case. He further submits that on the same

facts and evidence co-accused person has already granted benefit of bail by this Court. The applicant has no criminal antecedent, he is in custody since 11-04-2020, charge-sheet has not been filed yet, therefore, trial will take some time. Hence, it is prayed that the applicant 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, evidence collected by the prosecution and further considering the fact that the applicant has no criminal antecedent, he is in custody since 11-042020 and trial is 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 Shubham