High Court Of ChhattisgarhMCRC/3841/2019allowed

Chhotelal Kurrey v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3841 of 2019 Chhotelal Kurrey S/o Chandawa Kurrey Aged About 32 Years R/o Village Raipura Bhatapara, Police Station Baradwar, District JanjgirChampa Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Baradwar, District Janjgir-Champa Chhattisgarh ---- Respondent For Applicant :

Shri Yogeshwar Sharma, Advocate For Respondent/State :

Shri Siddharth Dubey, Dy. 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 08.04.2019 in connection with Crime No. 117 of 2019 registered at Police Station :Baradwar, District Janjgir Champa (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 been falsely implicated in this case. He is in jail since 08-04-2019. 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 the applicant has 5 criminal antecedents of having been

prosecuted of similar offence. He further submits that in total 21 liter country made hand liquor (Kachchi Mahua) 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 total facts and circumstances of the case and 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