High Court Of ChhattisgarhMCRC/2475/2020allowed

Lakeshwar Ratre v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2475 of 2020 • Lakeshwar Ratre S/o Shri Dhobilal Ratre Aged About 28 Years R/o- Thana And Tahsil- Saraypali, District- Mahasamund, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, P.S.- Saraypali, District- Mahasamund, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Sumit Shrivastava, Advocate.

For Respondent/State : Shri Sudeep Agrawal, Dy. A.G.

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

1. The matter is heard through virtual hearing.

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. 102/2020, registered at Police Station - Saraypali, District - Mahasamund, (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. As per the prosecution story, on 03.04.2020, on the basis of information received from an informant, police personnels searched the Applicant and total 25 bulk litres of country-made liquor has been seized from his possession. He has been arrested on 03.04.2020.

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 is in custody since 03.04.2020, charge-sheet has not been filed and trial will take some time. Therefore, it is prayed that 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, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 03.04.2020 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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 concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash