Avkash Deshmukh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3748 of 2019 Avkash Deshmukh S/o Shri Lalit Deshmukh, Aged About 28 Years, Caste Kurmi, R/o Village Tiloda, Police Station Ranchirai, Tahsil Gunderdehi, District Balod Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Ranchirai, District- Balod, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Avinash Chand Sahu, Advocate.

For Non-applicant/State :

Mr. K.K. Dewangan, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 14-06-2019

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. 31/2019, registered at Police Station- Ranchirai, District- Balod (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 8.100 bulk liters and he was arrested on 11.05.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 11.05.2019; 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 SHO, the applicant has no previous antecedents of similar offence.

-25. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 8.100 bulk liters; offence is triable by the JMFC and the applicant is in jail since 11.05.2019, 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) Vacation Judge Monika