Matiyas Minz v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2523 of 2020 Matiyas Minz S/o Shri Bhaiyalal Minz Aged About 42 Years R/o Village- Chhoteregada, Uraonpara, P.S. Chakardhar Nagar, District Raigarh Civil And Revenue District Raigarh, Chhattisgarh ---- Applicant
Versus
State of Chhattisgarh Through Police Station- Chakardhar Nagar, District Raigarh, Chhattisgarh.
---- Non-applicant -------------------------------------------------------------------------------------------------- For Applicant : Mr. Manoj K. Sinha, Advocate For Non-applicant/State : Mr. Sudeep Agrawal, Dy. Advocate General -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Parth Prateem Sahu Order 11/05/2020 1.
The matter is in default.
2.
The bail application has been filed through E-mail. 3.
For the reasons assigned by the learned counsel for the applicant, the default as pointed out by the Registry is overruled. 4.
Heard on I.A. No. 1/2020, application for exemption for filing certified copy and affidavit.
5.
For the reasons assigned in the above application, the same is allowed. 6.
The applicant has preferred this application under Section 439 Cr.P.C. for grant of regular bail as he has been arrested in connection with Crime No.104/2020 registered at Police Station Chakardhar Nagar, Raigarh, District Raigarh (C.G.), for the offence punishable under Sections 34(2) & 59(A) of Chhattisgarh Excise Act. 7.
Case of the prosecution, in brief, is that the applicant has been found in illegal and unauthorized possession of 40 bulk litre liquor. 8.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicate in the offence. He is in jail since 14/04/2020. Though the investigation is not complete, but further detention of applicant is not necessary for completion of investigation.
Therefore, at this stage, looking to the small quantity of liquor alleged to be seized from the possession of applicant, he may be granted regular bail.
9.
On the other hand, learned counsel for the State opposes the bail application and submits that as unauthorized liquor was seized from the possession of applicant, a prima facie case is made out. Investigation is not complete, therefore, at this stage the bail application may be rejected.
10.
Considering the nature of offence, the fact that applicant is in custody from 14/04/2020 and that the offence is triable by a Magistrate, but without commenting anything on the merits of case, I am inclined to release applicant on regular bail.
11.
Accordingly, the bail application is allowed. It is directed that on applicant's furnishing a personal bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with one surety in the like sum to the satisfaction of the Court below concerned, he be released on bail for his appearance before the Court below concerned as and when directed. It is made clear that registration of similar nature of case against the applicant in future, would entail automatic cancellation of bail without reference to this Court.
12.
Certified copy as per rules.
Sd/- (Parth Prateem Sahu) Judge Yogesh