High Court Of ChhattisgarhMCRC/2616/2020allowed

Harilal v. State Of Chhattisgarh

2020-05-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2616 of 2020 • Harilal S/o Lakhan Sahu Aged About 54 Years R/o Village Lalpur Kala, Police Station And Tahsil Kawardha, District Kabirdham, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Excise Circle Bodla, District Kabirdham, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr.Dharmesh Shrivastava, Advocate.

For Non-applicant/State :

Mr. Siddhartha Dubey, Dy.G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 14-05-2020

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.07/2020, registered at Police Station- Excise Circle Bodla, District- Kabirdham (C.G.) for the offence punishable under Section 34(2) and 34(1)(a) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 7.5 bulk liters and he was arrested on 26.04.2020.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 26.04.2020; therefore, he may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail and submits that the offence has been committed during lockdown period. However, he would submit that as per the information received from the

-2concerned SHO, the applicant has no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7.5 bulk liters; offence is triable by the JMFC and the applicant is in jail since 26.04.2020, this Court is inclined to release the applicant on bail.

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

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika