High Court Of ChhattisgarhMCRC/4277/2018allowed

Haldhar Patel v. State Of Chhattisgarh

2018-07-02Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4277 of 2018 • Haldhar Patel S/o Miluram Patel Aged About 49 Years R/o- Amaldiha, P.S. Chandrapur, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- The District Magistrate Janjgir, District Janjgir-Champa (Police Station Chandrapur, District Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Shri Vivek Singhal, Advocate.

For Non-applicant/State :

Shri Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 02-07-2018

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. 109/2018, registered at Police Station- Chandrapur, District - Janjgir-Champa(C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 12 bulk liters and he was arrested on 7.6.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 7.6.2018; 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

-2SHO, the applicant has three previous antecedents in which 2 cases are registered under the provisions of CG Excise Act and one another case is registered under Sections 107 & 116 of CrPC.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 12 bulk liters; offence is triable by the JMFC and the applicant is in jail since 7.6.2018, 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. 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 as and when directed.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha