Anand Sinha v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3477 of 2018 Anand Sinha, S/o. Late Shivshankar Prasad Sinha, Aged About 27 Years, R/o- Village Devgarh Police Station Ambikapur, District- Surguja, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through- Excise Officer Ambikapur, District- Surguja, Chhattisgarh.

---- Respondent For Applicant :

Mr. Nishikant Sinha, Advocate For Respondent :

Mr. Vinod Tekam, 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. 36/2018, registered at Police Station- Excise Police Ambikapur, District - Surguja (C.G.) for the offence punishable under Section 34 (1) (A), 34(2), 59(A) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.4 bulk liters and he was arrested on 25.04.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 25.04.2018;

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 and one case under the provisions of Indian Penal Code are 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 5.4 bulk liters; offence is triable by the JMFC and the applicant is in jail since 25.04.2018, 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