Jeevan Lal Dandekar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3593 of 2019 • Jeevan Lal Dandekar S/o Moharbat Rai Dandekar Aged About 35 Years R/o Village Kukurdikhurd, Police Station Pachpedi, Tahsil Masturi, Civil And Revenue District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pachpedi, Tahsil Masturi, Civil And Revenue District Bilaspur Chhattisgarh ---- Non Applicant For the Applicant :

Ms. Prabha Sharma, Advocate For Non Applicant :

Shri K.K. Singh, Deputy Govt. Advocate Hon'ble Mrs. Justice Rajani Dubey Order On Board 27.

05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. 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.34/2019 registered at Police Station- Pachpedi, District- Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A), 36 of Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief is that on 02.05.2019 police seized 5.40 Bulk Liters (30 Paw) plan country made liquor from the possession of the applicant. It is further alleged that applicant not shown any document regarding the legal possession of the alleged liquor.

4.

Learned counsel for the applicant submits that applicant is innocent person and he has falsely been implicated in the crime in question. He further submits that the applicant is in custody since 02.05.2019, therefore, the applicant may be released on bail.

5.

On the other hand, learned State counsel opposes the bail application. 6.

Taking into consideration the nature and gravity of the offence, facts & circumstances of the case, and further considering the fact that the applicant is in custody since 02.05.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7.

Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

8.

Certified copy, as per rules.

Sd/- (Smt. Rajani Dubey) Vacation Judge Parul