High Court Of ChhattisgarhMCRC/3877/2018allowed

Prashanat Sahu v. The State Of Chhattisgarh

2018-06-01Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3877 of 2018 • Prashanat Sahu S/o Shri Ghanshyam Aged About 19 Years By Caste Teli, R/o Village- Acholi Thana And Tahsil- Dongargarh, Civil And Revenue District Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer Police Station- Dongargarh, Civil And Revenue District Rajnandgaon, Chhattisgarh ---- Respondent For Applicant :

Shri Sunil Sahu, Advocate For Respondent/State :

Shri Ramakant Mishra, Dy. AG for the State Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 01/06/2018

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 12.04.2018 in connection with Crime No.105/2018 registered at Police Station Dongarhgarh, Distt. Dhamtari (CG) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act and Section 307/34 IPC.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 135 bulk liters and he was arrested on 12.4.2018.

3. Learned counsel for the applicant submits that the applicant is in jail since 12.4.2018 and two other co-accused persons have been granted bail in M.Cr.C. No.3409/2018 on 15.05.2018; therefore, the applicant may also be

released on bail.

4. On the other hand, learned counsel for the State 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 similarly placed co-accused have been granted bail by this Court in M.Cr.C. No.3409/2018 and the applicant is in jail since 12.4.2018, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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.

8. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Ashu