Pappu Sahu v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2805 of 2018 Pappu Sahu, S/o. Chintaram Sahu, Aged About 25 Years Caste Teli, R/o Village Jhajhpuri Khurd, Wrongly Mention Jhajhpari, Police Station Jarhagaon, Tahsil And Distt. Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Jarhagaon, Distt. Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh. ---- Respondent For the Applicant :

Shri P.P. Sahu, Advocate.

For the Respondent/State :

Shri Anil S. Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

02.05.2018 Heard.

1.

This is the second bail application of the applicant. The first bail application of the applicant was dismissed as withdrawn on 12.3.2018 in M.Cr.C. No. 1384 of 2018. The applicant has been arrested in connection with Crime No.42 of 2018, registered at Police Station Jarhagaon, District - Mungeli, Chhattisgarh for the offence punishable under Sections 3 and 7 of the Essential Commodities Act.

2.

Learned counsel for the applicant submits that the applicant is in jail since 31.1.2018 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. No case is made out against the applicant on the basis of the material placed before the

Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

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

According to the prosecution case, 65 liters of kerosene oil was found unauthorizedly in possession of this applicant which was meant for distribution through Public Distribution System, was seized and on that basis, the offence has been registered against the applicant. 6.

After due consideration and looking to the fact that the trial against the applicant is likely to take some time for its final disposal, I am of the considered opinion that the applicant deserves to be released on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that 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 trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi