High Court Of ChhattisgarhMCRC/2431/2018allowed

Lochan Prasad Kesharwani v. State Of Chhattisgarh

2018-04-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2431 of 2018 • Lochan Prasad Kesharwani S/o Nakshay Aged About 38 Years R/oRamnagar, Railway Colony, Korba, Tahsil And District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The District Magistrate (Police Chowki Manikpur) District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Shri Basant Kaiwartya, Advocate.

For Non-applicant/State :

Shri Ashok Swarnkar, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-04-2018

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. 192/2018, registered at Police Station- Chowki Manikpur, P.S.-Kotwali, District - Korba(C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.580 bulk liters and he was arrested on 22.3.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 22.3.2018; therefore, he may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has one previous antecedent proceeding under the provisions of CrPC.

-25. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.580 bulk liters; offence is triable by the JMFC and the applicant is in jail since 22.3.2018, 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 Nisha