Shivkumar v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3237 of 2018 • Shivkumar S/o Jagnu Satnami Aged About 40 Years R/o- VillageChorha Nawagaon, Police Station- Simga, District- BalodabazarBhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station- Simga, DistrictBalodabazar- Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh. ---- Respondent For Applicant :

Mr. Vishnu Koshta, Advocate For Respondent :

Mr, Ashok Swarnakar, 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.113/2018, registered at Police Station- Simga, District - Baloda Bazar- Bhatapara, (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 18 bulk liters and he was arrested on 19.04.2018.

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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 19.04.2018., 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 two previous cases out of which one is under the provisions of C.G. Excise Act and one is under the provisions of Cr.P.C, therefore, he may not be released on bail.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized illicit liquor is 18 bulk liters; offence is triable by the JMFC and the applicant is in jail since 19.04.2018, 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.

7. 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