Roshan Sagar v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4254 of 2019 • Roshan Sagar S/o Shri Mohan Sagar, Aged About 24 Years, R/o Village Shyam Nagar Jhalap, Thana - Patewa, Tahsil and District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• The State of Chhattisgarh, Through the Station House Officer, Police Station Tendukona, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ----Non-applicant For Applicant - Shri Sunil Sahu, Advocate.

For Non-applicant/State - Shri Avinash K. Mishra, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 08-07-2019 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 14-06-2019 in connection with Crime No.76/2019 registered at P.S. - Tendukona, District Mahasamund, Chhattisgarh for the offence under Section 34(2) of the Chhattisgarh Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 14-06-2019. Therefore, it is prayed that the applicant may be granted bail. 3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 17.460 bulk liter illicit 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 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