Anil Ogre v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4306 of 2018 • Anil Ogre S/o Shobhit Orge, Aged About 30 Years, R/o- Kodapara, Police Station Arang, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Excise Circle Civil Lines, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ----Non-applicant For Applicant - Shri B.L. Sahu, Advocate.

For Non-applicant/State - Shri Ashok Swarnkar, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 02-07-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 04-06-2018 in connection with Crime No.66/18 registered at P.S. -Excise Circle Civil Lines, Raipur, District- Raipur, Chhattisgarh for the offence under Section 34(2) of Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in custody since 04-06-2018. The liquor has not been seized from the exclusive possession of this applicant and it was seized from open place. Hence, it is prayed that the applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 190.080 bulk liter illicit liquor has been seized from the possession of the applicant. Hence, he is not entitled for grant of bail.

4.

Heard learned counsel for both the parties and perused the case diary.

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Considering on the submissions made and the contents of the case diary, detention of the applicant till conclusion of the trial would not serve any purpose. Hence, for these reasons, I am of the view that the application deserves to be allowed.

6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil