Premlal Nishad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3232 of 2018 Premlal Nishad, S/o. Sitaram Nishad, (wrongly mentioned the name of father of the applicant as Sitaram in the rejection order) Aged About 34 Years, R/oVillage Amlidih Kala, Post Office And Police Station Chhuikhadan, DistrictRajnandgaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police StationChhuikhadan, District- Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant :

Mr. Shivendu Pandya, Advocate For Respondent :

Mr. Vinod Tekam, 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. 98/2018, registered at Police Station- Chhuikhadan, District - Rajnandgaon (C.G.) for the offence punishable under Section 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 5.500 liters and he was arrested on 18.04.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 18.04.2018;

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, one previous case under Section 34(a) of Excise Act is registered against the applicant, hence, he is not entitled for grant of bail.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.500 bulk liters; offence is triable by the JMFC and the applicant is in jail since 18.04.2018, 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.

Certified as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram