Itwari v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2778 of 2018 • Itwari S/o Chandua, Aged About 44 Years, By Caste- Satnami, R/oRaipura, Bhathapara, Thana Baradwar, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through- Police Station Baradwar, DistrictJanjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Non-applicant For Applicant - Shri Parag Kotecha, Advocate. For Non-applicant/State - Shri Anupam Dubey, Deputy Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-04-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 01-04-2018 in connection with Crime No.88/18 registered at P.S. - Baradwar, District- Janjgir-Champa, Chhattisgarh for the offence under Section 34(2) of the C.G. Excise Act (in short 'the Excise Act') 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in custody since 01-04-2018. Hence, he may be released on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 20 bulk liter illicit liquor has been seized from the possession of the applicant. Also, there are three previous cases under the provisions of the IPC, four proceedings of preventive nature under the provisions of the Cr.P.C. and one previous case under Section 36(C) of the Excise Act registered against the applicant. Hence, he is not entitled for grant of bail.

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Heard learned counsel for both the parties and perused the case diary. 5.

Considered on the submissions made and contents of the case diary. Though aforesaid previous cases under the provisions of the IPC and one case under Section 36(C) of the Excise Act have been reported against the applicant, but conviction or acquittal of the applicant in those cases has not been reported, further, in the present matter detention of the applicant till conclusion of the trial would not serve any purpose. Hence, for these reasons the application deserves to be allowed.

6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil