Pankaj Lodhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.3733 of 2019 • Pankaj Lodhi S/o Kishan Lodhi Aged About 24 Years R/o Village Ward No. 15, Mahamaya Para Mahasamund, Thana And Tahsil Mahasamund District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondent For Applicant :

Shri Anil Gulati appears on behalf of Shri Vikas Pradhan, Advocate For Respondent/State :

Shri Ravi Bhagat, Dy.GA Single Bench: Hon'ble Shri Justice Parth Prateem Sahu Order On Board 03/06/2019 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.242/2019 registered at Police Station Mahasamund, District Mahasamund for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act for carrying country made liquor of 13.500 bulk liter.

2.

Learned counsel for the applicant submits that he has been falsely implicated in the case, because, alleged liquor has been seized from an open place not from his exclusive possession. On these premise, learned counsel for the applicant prays for grant of bail.

3.

On the other hand, learned State counsel opposes the prayer for grant of bail and submits that there are five previous criminal cases against the applicant bearing Crime No.121/2015 for offences under Section 294, 323 of IPC and 34A of the CG Excise Act, Crime No.363/2016 for offences under 34-A of the CG

Excise Act, Crime No.62/2017 for offences under Section 34-A of the CG Excise Act, Crime No.81/2017 for offences under Section 34-A of the CG Excise Act, and Crime No.132/2018 for offences under Section 34-A of the CG Excise Act. 4.

Considering the fact that except Crime No.121/2015 registered against the applicant under Section 294 & 323 of IPC, all other offences registered under various crime numbers against the applicant under Section 34-A of the CG Excise Act, which are bailable offences, I am inclined to enlarge the applicant on bail.

5.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.20,000/- along with two local sureties of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted.

Certified copy as per rules.

SD/- (Parth Prateem Sahu) Vacation Judge Tumane