Santosh Nayak v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4406 of 2019 • Santosh Nayak S/o Dhaniram, Aged About 40 Years, R/o Zone-3, Khursipaar, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Khursipaar, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ----Non-applicant For Applicant - Shri Anurag Jha, Advocate.

For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 29-07-2019 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 17-02-2019 in connection with Crime No.53/19 registered at P.S. - Khursipaar, Bhilai, District- Durg, Chhattisgarh for the offence under Section 34 (2) of 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 17-02-2019. Hence, it is prayed that the applicant may be released on regular bail. 3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 5.22 bulk liter illicit liquor has been seized from the possession of the applicant. Therefore, it is prayed that the application may be rejected.

4.

Heard learned counsel for the parties and perused the case diary. 5.

Considering on the submissions made and the contents of the case diary, detention of the applicant till conclusion of the trial would not serve any

-2purpose. Hence, for these reasons, I am of the view that the application deserves to be allowed.

6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall 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 as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil