Narendra @ Bilwa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4251 of 2019 Narendra @ Bilwa S/o Vinod Masih Aged About 35 Years R/o Village Vishrampur, P.S. Simga, District- Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Simga, District- Balodabazar-Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh. ---- Respondent For the Applicant :

Shri Ravindra Sharma, Advocate.

For the Respondent/State :

Shri Avinash K. Mishra, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

08.07.2019 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.204 of 2019, registered at Police Station Simga, District - Baloda Bazar, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 12.960 bulk liters and he was arrested on 17.6.2019.

3.

Learned counsel for the applicant submits that the applicant is in jail since 17.6.2019 and the applicant has been falsely implicated in this case; therefore, he may be released on bail.

4.

Learned State counsel opposes the bail application and the submissions made in this respect. It is submitted that there is a previous history of similar nature of offences committed by the applicant. Hence, for these reasons, he is not entitled for grant of bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 12.960 bulk liters; offence is triable by the JMFC and the applicant is in jail since 17.6.2019, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi