Parmanand Soni v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2507 of 2018 • Parmanand Soni S/o Late Trilokchand Soni Aged About 70 Years R/oBus Stand Nawapara, Post Office And Police Station- Gobra- Nawapara, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationGobra- Nawapara, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Shri Shivendu Pandya, Advocate.

For Non-applicant/State :

Shri Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-04-2018

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. 72/2018, registered at Police Station- Gobra-Nawapara, 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 5.220 bulk liters and he was arrested on 15.03.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 15.03.2018; 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 under Section 34(a) of the Excise Act.

-25. In reply, learned counsel for the applicant submits that one previous case against this applicant is pending in which the applicant is on bail.

6. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.220 bulk liters; offence is triable by the JMFC and the applicant is in jail since 15.03.2018, this Court is inclined to release the applicant on bail.

7. 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.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha