High Court Of ChhattisgarhMCRC/3094/2018allowed

Gopi Sinha v. State Of Chhattisgarh

2018-05-08Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3094 of 2018 • Gopi Sinha S/o Chain Lal Sinha Aged About 25 Years (Wrongly Mentioned The Father Name Of The Applicant As Only Below), R/o Village Kundel, Police Station And Post Office- Fingeshwar, District Gariyaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationFingeshwar, District Gariyaband, Chhattisgarh., District : Gariyabandh, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Shivendu Pandya, Advocate.

For Non-applicant/State :

Mr. Ashok Swarnkar, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 08-05-2018

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. 32/2018, registered at Police Station- Figeshwar, District - Gariyaband(C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 06.000 bulk liters and he was arrested on 26.3.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 26.3.2018; 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 no previous antecedents of similar offence.

-25. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 06.000 bulk liters; offence is triable by the JMFC and the applicant is in jail since 26.3.2018, 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 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha