Baishakhu Chauhan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2595 of 2018 • Baishakhu Chauhan S/o Shri Sobharam Chauahn Aged About 68 Years Occupation Agriculture Labour, R/o Village Chauhanpara, Kapartunga, Police Station And Tahsil Baramkela, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Officer Incharge, Police Station Baramkela, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Shri Roop Naik, Advocate.

For Non-applicant/State :

Smt. Smita Ghai, 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. 33/2018, registered at Police Station- Baramkela, District - Raigarh(C.G.) for the offence punishable under Section 34(2) and 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 10 bulk liters and he was arrested on 14.03.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 14.03.2018; 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 the provisions of

-2of CG Excise Act.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 10 bulk liters; offence is triable by the JMFC and the applicant is in jail since 14.03.2018, 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