Dadu Dheewar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2178 of 2019 Dadu Dheewar, S/o. Shri Biselal Dheewar, Aged About 25 Years, R/o. New Changorabhata, Tahsil and District Raipur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : Station Hosue Officer, Police Station Purani Basti, Raipur Chhattisgarh.

---- Respondent For Applicant :

Mr. Raghavendra Pradhan, Advocate For Respondent :

Mr. Smita Ghai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/04/2019 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. 63/2019, registered at Police Station- Purani Basti, Raipur, District - Raipur (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 5.010 bulk liters and he was arrested on 18.02.2019.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 18.02.2019; therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information received from the concerned 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 5.010 bulk liters; offence is triable by the JMFC and the applicant is in jail since 18.02.2019, 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