Sanjay Mishra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2642 of 2020 • Sanjay Mishra S/o Uday Bhan Mishra Aged About 47 Years, R/o Kolpara, Semra, Nagpur, District Koriya, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationManendragarh, District Koriya, Chhattisgarh ----Non-applicant For Applicant - Mr. Anil S. Pandey, Advocate. For Non-applicant/State -Ms. Akansha Jain, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 14-05-2020 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 24-03-2020 in connection with Crime No.47/2020 registered at P.S. - Manendragarh, District Koriya, Chhattisgarh for the offence under Section 34(2) of Chhattisgarh Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. No seizure has been made from the applicant in person. He is in jail since 24-03-2020. Hence, it is prayed that the applicant may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that 68.760 foreign liquor and 7.8 liters beer has been seized from the possession of the applicant. Hence, he is not entitled for grant of bail.

4.

Heard learned counsel for the parties and perused the documents. 5.

Considering on the submissions made and the facts of the case, detention of the applicant till conclusion of the trial would not serve any

-2purpose. Hence, for these reasons, I am of the view that the application deserves to be allowed.

6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil