Lakeshwar Goswami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2521 of 2020 • Lakeshwar Goswami S/o Shri Kaushalgir, aged about 30 years, R/o VillageLeembhatha Police Station Balauda, Civil and Revenue District-Janjgir Champa C.G.

----Applicant

VERSUS

• State of Chhattisgarh through Station House Officer, Police Station Balauda, Civil and Revenue District Janjgir Champa C.G.

-------- Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate For Non-applicant : Mr. V.R. Tiwari, Additional A.G. Hon'ble Shri Justice Parth Prateem Sahu Order 11/05/2020

1. The matter is in default.

2. Heard on application dated 06.05.2020, application for exemption from filing certified copy of order dated 29.04.2020 and exemption from filing the noterized application and affidavit.

3. The learned counsel for the State submits that he has received advance copy of the bail application.

4. In view of the said submission, the defaults pointed out by the Registry is overruled.

5. This bail application has been filed through e-mail.

6. For the reasons assigned in the above application, the same is allowed.

7. The applicant has preferred this application under Section 439 of Cr.P.C. for

grant of regular bail as he has been arrested in connection with Crime No.92/2020 registered at Police Station Balauda, District Janjgir Champa C.G. for the offence punishable under Section 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.

8. Case of the prosecution, in brief, is that the applicant has been found in illegal and unauthorized possession of hand made (Mahua) liquor of 20 bulk litre.

9. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicate in the offence. He is in jail since 22.04.2020. 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.

10. 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.

11. Considering the nature of offence, total quantity of liquor alleged to have been seized from possession of applicant, the fact that applicant is in custody from 22.04.2020 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.

12. 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.

13. Application dated 06.05.2020, application for hearing during lock down period, stands disposed off.

14. Certified copy as per rules.

Sd/- (Parth Prateem Sahu) Judge Pawan