Surendra Kumar Khute v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3172 of 2018 • Surendra Kumar Khute S/o Gyandas Khute Aged About 30 Years R/o Village Gobarsiya, P. S. And Tahsil Barmkela, Distt. Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Barmkela, Distt. Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh. ---- Respondent For Applicant :

Mr. V.K. Pandey, Advocate For Respondent :

Ms. Smita Ghai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15.05.2018

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.52/2018, registered at Police Station- Barmkela, District - Raigarh, (C.G.) for the offence punishable under Sections 34(2), 59(क) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 6 bulk liters and he was arrested on 06.04.2018.

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3. Learned counsel for the applicant submits, that the applicant has falsely been implicated in this case and he is in jail since 06.04.2018, 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 four previous cases out of which two cases under the provisions of C.G. Excise Act, one is under the provisions of IPC and one is under the provisions of Cr.P.C, therefore, he may not be released on bail.

5. In reply learned counsel for the applicant submits that the applicant is on bail in all the previous cases.

6. Taking into consideration the totality of the circumstances and the fact that the quantity of seized illicit liquor is 6 bulk liters; offence is triable by the JMFC and the applicant is in jail since 06.04.2018, this Court is inclined to release the applicant on bail.

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

8. 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.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal