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High Court Of ChhattisgarhMCRC/3746/2019allowed

Anuj Sinha v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3746 of 2019

1. Anuj Sinha S/o Anant Ram Sinha Aged About 58 Years R/o VillageSonpuri, Police Station- Pipariya, Tahsil- Kawardha, District- Kabirdham, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through District- Magistrate, Kabirdham, DistrictKabirdham, Chhattisgarh ---- Respondent For Applicant :

Shri Rishi Sahu, Advocate For Respondent/State :

Shri K.K. Dewangan, 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 18.05.2019 in connection with Crime No. 14 of 2019 registered at Police Station (Excise Circle Kawardha), District Kabirdham (Chhattisgarh) for the offence punishable under Section 34(2) & 34

(1) A of the Chhattisgarh Excise Act.

2. It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 18-05-2019. Hence, it is prayed that the applicant may be released on regular bail.

3. Learned counsel for the State opposes the application and submits that in total 9.360 bulk liter 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 quantity of liquor which is alleged to have been seized from the possession of the applicant and the detention period of the applicant, 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