High Court Of ChhattisgarhMCRC/3698/2019allowed

Rajendra Prasad Divedi v. State Of Chhattisgarh

2019-06-14Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3698 of 2019 Rajendra Prasad Divedi S/o Jagnnath Divedi, Aged About 35 Years R/o Sector 6, Street 25, Near Sai Mandir, J.P. Hostel, Room No. 12, Bhilai, Tahsil And District Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, District Rajnandgaon Chhattisgarh ---- Respondent For Applicant :

Shri Shikhar Bakhtiyar, Advocate For Respondent/State :

Shri K. K. Singh, Govt. Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 14/06/2019

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 07.02.2019 in connection with Crime No.12 of 2019 registered at Police Station Baghnadi, District Rajnandgaon (Chhattisgarh) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2. It is submitted on behalf of the applicant that the applicant has not committed any offence whereas charge sheet has been filed against him. He is in jail since 07.02.2019. Hence, it is prayed that the applicant may be released on regular bail.

3. Learned counsel for the State opposing the bail application submits that in total 357 bulk liter foreign 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.

5. Considering the entire facts and circumstances of the case and the fact that it is almost 5 months the applicant is in jail and there is no likelihood of early conclusion of the trial, this Court is of the opinion that prima facie, a strong case for grant of bail has been made out.

6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant will 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 before the said Court as and when directed. Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Khatai