High Court Of ChhattisgarhMCRC/3918/2019allowed

Prajwalit Singh v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3918 of 2019 Prajwalit Singh S/o Late Ram Pratap Singh, Aged About 42 Years, Present R/o Kartikeya Bhawan In front Of Collectorate Bijapur, Chhattisgarh, Permanent R/o EWS - 1331, Housing Board Colony, Bhilai, District Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Bijapur, Chhattisgarh ---- Respondent For Applicant :

Shri Uttam Pandey, 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 25.05.2019 in connection with Crime No.35 of 2019 registered at Police Station Bijapur (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 submits that no liquor has been seized from the possession of the present applicant and he was a salesman of the wine shop. Counsel for the applicant further submits that similarly placed persons namely Deepak Kumar Patel and Avinash Nakka have already been enlarged on

bail in MCRC No. 3824 of 2019 vide order dated 07.06.2019. Hence, it is prayed that the applicant may also be released on regular bail.

3. Learned counsel for the State opposing the bail application submits that the case diary is not available.

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 similarly placed co-accused persons have already been granted bail, 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