Surender Singh Saluja v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2582 of 2019 • Surender Singh Saluja S/o Late Devendra Singh Saluja Aged About 35 Years R/o Civil Lines, Behind Tahsil Office, Manendragarh, Police Station and Tahsil Manendragarh, District Korea, Chhattisgarh. ---- Applicant
Versus
• State of Chhattisgarh Through Station House Officer, Manendragarh, District Koriya, Chhattisgarh.
---- Respondent __________________________________________________________________ For Applicant : Dr. Shailesh Ahuja, Advocate.
For Respondent/State : Shri V.K. Agrawal, Panel Lawyer.
Hon'ble Shri Justice Arvind Singh Chandel Order On Board 22/04/2019
1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 91/2019, registered at Police Station - Manendragarh, District- Koriya, (C.G.) for the offence punishable under Sections 186, 353, 332, 294, 506 of IPC, under Section 3 of Lok Sampatti Nuksani Niwaran Adhiniyam, 1984, under Section 34(2) of Chhattisgarh Excise Act, and under Section 3(1)(n)(/k) of SC/ST Act.
2. As per the prosecution story, on 20.03.2019, ASI/Complainant Kripadan Lakra, during patrolling received information that some liquor has been transported in a vehicle bearing registration number C.G. 10-AB-5277. On the basis of the said information, when he tried to stop the said vehicle, allegedly, present Applicant who was driver of
the said vehicle fled away from the spot and took the vehicle to his house. It was further alleged that when Complainant reached there, present Applicant dashed his vehicle and damaged it. At the same time, Applicant abused the Complainant and police staff and also assaulted them with hand and fists. On being searched, total 12 liter 600ml English liquor has been found in the said vehicle which was seized from the possession of the present Applicant. Report was lodged by the ASI Kripadan Lakra and on the basis of the said, offence has been registered against the present Applicant. He has been taken into custody on 20.03.2019.
3. Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case due to some previous dispute with the police officials. He further submits that charge-sheet has been filed, Applicant is in custody since 20.03.2019 and trial will take some time. Therefore, he may be released on bail.
4. Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that there are about 6-7 cases registered against the Applicant.
5. However, Counsel for the Applicant submits that Applicant has already been acquitted from all the previous cases pending against him.
6. I have heard learned Counsel for the parties and perused the case diary.
7. Considering the facts and circumstances of the case, the evidence
collected by the prosecution and further considering the fact that charge-sheet has been filed, Applicant is in custody since 20.03.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.
8. Accordingly, the bail application is allowed.
9. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.
Sd/- (Arvind Singh Chandel) Judge Prakash