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High Court Of ChhattisgarhMCRC/3571/2018allowed

Ravi Kumar Chandan v. State Of Chhattisgarh

2018-06-08Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3571 of 2018 • Ravi Kumar Chandan S/o Samme Lal Chandan Aged About 23 Years R/o- Premnagar Parasabhatha, Police Station- Balco Nagar, Tahsil And District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- It's Police Station Balco, Nagar, Civil And Revenue District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent ----------------------------------------------------------------------------------------------- For Applicant :Mr. Ravi Maheshwari, Advocate For Respondent/State :Mr. G. Mukhopadhyay, Govt. Advocate.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 08/06/2018

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 on 3-5-2018 in connection with Crime No. 189 of 2018, registered at Police Station Balonagar, District Korba (CG) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act, 1915.

2. The allegation of the prosecution against the applicant is that the applicant was found in possession of illicit liquor measuring total about 7 liters and he was arrested on 3-5-2018 for the said offence.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is in jail since 3-5-2018, therefore, he may be released on bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail, however, he submits that as per the information received from the concerned Station House Officer the applicant has no antecedent of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7 liters; there is no antecedent of the applicant of similar offence and the applicant is in jail since 3-5-2018, 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 and it is directed that the applicant shall be released on bail on his 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 before the trial Court as and when directed.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Vacation Judge Raju