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High Court Of ChhattisgarhMCRC/2601/2020allowed

Ram Avtar v. State Of Chhattisgarh

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

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2601 of 2020 Ram Avtar, S/o. Bhakulal Rathore, aged about 50 years, R/o. Purani Basti Kharsia, P.S. & Tahsil Kharsia, District - Raigarh (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through : S.H.O. - P.S. - Kharsia, District- Raigarh, Chhattisgarh.

---- Respondent For Applicant :

Mr. Rajendra Tripathi, Advocate For Respondent :

Mr. Ghanshyam Patel, 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.216/2020, registered at Police Station- Kharsia, District - Raigarh (C.G.) for the offence punishable under Section 34 (2) & 59(A) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 9.400 liters and he was arrested on 22.04.2020.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 22.04.2020; therefore, he may be released on bail.

4.

Learned State counsel opposes the application for grant of bail and the submission made in this respect.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 9.400 liters; offence is triable by the JMFC and the applicant is in jail since 22.04.2020, 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.

7.

It is directed that the applicant shall be released on bail on 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.

Certified as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram