High Court Of ChhattisgarhMCRC/3452/2018allowed

Satish Yadav @ Bata v. State Of Chhattisgarh

2018-05-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3452 of 2018 • Satish Yadav @ Bata S/o Dhansay Yadav Aged About 22 Years R/oWard No. 20, Janjgir, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ----Applicant

Versus

• State Of Chhattisgarh Through- Police Station Pantora, DistrictJanjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh.

---- Respondent For Applicant :

Shri Ravindra Sharma, Advocate.

For Respondent :

Shri Vijay Bhaur Singh, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16.05.2018

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.102/2018, registered at Police Station-Police Chowki Pantora, District - Janjgir-Champa, (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 25.640 bulk liters and he was arrested on 20.04.2018.

3. Learned counsel for the applicant submits, that the applicant has falsely been implicated in this case and he is in jail since 20.04.2018..

Page No.2 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.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized illicit liquor is 28.640 bulk liters; offence is triable by the JMFC and the applicant is in jail since 20.04.2018, 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