Jaideep Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6329 of 2015 Jaideep Gupta S/o Ramesh Chandra Gupta Aged About 32 Years R/o Village Tarpongi Tahsil / Police Station Dharseva Distt. Raipur Civil & Revenue Distt. Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Dharseva District Raipur Chhattisgarh ---- Respondent For Applicant :- Shri A.K. Yadav, Advocate For Respondent/ State :- Shri O.P. Sahu, Government Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board By 26/11/2015 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. 328/2015 registered at Police StationDharseva, District - Raipur (C.G.) for the offence punishable under Section 285 of IPC and section 3, 7 Essential Commodities Act. 2.

The prosecution story in short is that the applicant carrying 300 liter diesel in iron cane in Tata Sumo bearing registration No. C.G. 04 H D 7673. 3.

Counsel for the applicant submits that the applicant is an agriculturist and having seven acres of land and has purchased the diesel from petrol pump for personal consumption. He further submits that the charge-sheet in this case has already been filed and he is in jail since 10.10.2015. 4.

Per contra, the learned State counsel opposes the prayer for grant of bail.

5.

Having regard to the nature of offence and fact that the charge-sheet in this case has been filed and the applicant is in jail since 10.10.2015, I am inclined to enlarge 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.

Sd/- (Goutam Bhaduri) Judge Santosh