Miniketan Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Proceedings through Video Conferencing MCRC No. 3060 of 2021 • Miniketan Singh S/o Shri Suresh Singh, Aged About 25 Years Caste Ganda, R/o Village Guthanipali, Police Station Singhoda, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Singhoda, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Non-applicant --------------------------------------------------------------------------------------- For Applicant : Shri Shivendu Pandya, Adv.
For State : Shri Alok Nigam, Govt. Adv.
---------------------------------------------------------------------------------------- Hon'ble Shri Justice NK Chandravanshi Order On Board 2-6-2021 1.
This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 2-5-2021 in connection with Crime No. 34/2021 registered at Police Station Singhoda Distt. Mahasamund (C.G.), for the offence punishable under Section 34(2) of the CG Excise Act 2.
Case of the prosecution, in brief, is that, on 1-5-2021 on the basis of information received from informant, 50 bulk litres of hand made Mahua country liquor was seized from the possession of the applicant, on the basis of which offence was registered against him. 3.
Learned counsel for the applicant submits that the applicant has been falsely implicated. He further submits that the liquor has not been seized from actual and exclusive possession of the
applicant, applicant is in jail since 2-5-2021and, therefore, present applicant may be enlarged on bail.
4.
On the contrary, learned State counsel opposes the application for grant of bail.
5.
Looking to the facts and circumstances of the case, nature and gravity of offence, period of detention and also considering the fact that the trial will take some more time for its conclusion, without further commenting on merits of the case, I am inclined to release the applicant on bail.
6.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that on applicant's furnishing a personal bond in sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions :- i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the court.
ii.
he shall not act in any manner which will be prejudicial to fair and expeditious trial, iii.
he shall appear before the trial court on each and every date given to him by the said court till disposal of the trial.
iv.
he shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant
shall automatically stand cancelled without further reference to the Bench.
7. In view of above, I.A. No. 1 for urgent hearing and I.A. No. 2 for hearing during summer vacation stand disposed of. Certified copy as per rules.
Sd/- (N.K. Chandravanshi) VACATION JUDGE Pathak/-