High Court Of ChhattisgarhMCRC/2695/2019allowed

Sahdev Jangde v. State Of Chhattisgarh

2019-04-29Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2695 of 2019 Sahdev Jangde S/o Late Sonchand Jangde Aged About 33 Years R/o Ward No. 17, Village Sandi, Police Station Palari, District Baloda Bazar - Bhatapara Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Gidhpuri, District Baloda Bazar - Bhatapara Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Yogesh Kumar Chandra, Advocate.

For Respondent/State : Smt. Smriti Shrivastava, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 29/04/2019

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. 41/2019, registered at Police Station - Girodhpuri, District- Baloda Bazar (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 06.04.2019 on the basis of information received from an informant, police officials searched and seized total 9.360 Bulk Litres of country-made liquors from the possession of the Applicant. The Applicant has been taken into custody on 06.04.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant has been falsely implicated in the present case. He further submits that the charge-sheet has been filed. The Applicant is in custody since 06.04.2019 and trial will take time, therefore, the Applicant may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that there is no previous antecedent of the Applicant of same nature.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, particularly considering the fact that the Applicant is in custody since 06.04.2019 and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicant on bail.

7. Accordingly, the bail application is allowed.

8. 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 Saurabh