Purushottam Kumar Rathor v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4118 of 2018 Purushottam Kumar Rathor S/o Shri Gend Ram Aged About 28 Years R/o Village - Nagarada, Police Station - Nagarada, Civil And Revenue District Janjgir Champa Chhattisgarh. Presently R/o Village Akaltara, Police Station Akaltara, Civil And Revenue District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Excise Circle Akaltara (Wrongly Mentioned Through The District Magistrate Janjgir) Civil And Revenue District Janjgir - Champa Chhattisgarh., District : JanjgirChampa, Chhattisgarh. ---- Respondent For the Applicant :

Shri Paras Mani Shriwas, Advocate.

For the Respondent/State :

Shri Adhiraj Surana, Dy. G.A.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 12.06.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 preferred by the applicant before this Court and no other bail application is pending before any other Court. 2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.9 of 2018, registered at Police Station Excise Circle Akaltara, District - Janjgir-Champa, Chhattisgarh for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief, is that on 29.5.2018 near about 11:40 am, Excise Sub-Inspector, Akaltara seized 5.04 bulk litres of countrymade liquor from applicant - Purushottam Kumar Rathor. 4.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case; therefore, he may be released on bail.

5.

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.

6.

Looking to these circumstances and other facts of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, the trial will take its own time and the applicant is in jail since 29.5.2018, this Court is inclined to give benefit of Section 439 of the Cr.P.C to the present applicant.

7.

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

8.

It is directed that if the applicant furnishes one solvent surety for a sum of Rs.15,000/- alongwith a personal bond in the like sum to the satisfaction of the concerned Trial Court with the condition that he will appear before the

trial Court at 11:00 am as and when directed till trial and will cooperate during the trial, he shall be released on bail. 9.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Vacation Judge Nimmi