Naresh Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6745 of 2020 Naresh Sidar S/o Shri Ghasiyaram Sidar Aged About 33 Years Caste Binjhwar, R/o Village Kanakbira, Police Chowki Kanakbira, Police Station Sarangarh, District Raigarh Chhattisgarh. --- Applicant

Versus

State of Chhattisgarh through the Officer In Charge of Police Chowki Kanakbira Police Station Sarangarh, District Raigarh Chhattisgarh. ---- Respondent For the applicant :

Mr. Roop Naik, Advocate For the State :

Mr. Gagan Tiwari, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2020

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 612/2020 registered at Police Station Police Station Sarangarh (Police Chowki Kanakbira) Distt. Raigarh (C.G) for the offences punishable u/ss 34(2), 59-A of the Excise Act.

2. As per the prosecution case, from the possession of the applicant 8 bulk litres of illicit liquor was seized on 06.09.2020.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated, charge sheet has been filed and no further evidence is required in this case. He further submits that the applicant is in jail since 08.09.2020, therefore, he may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the bail application.

5. Considering the fact that the applicant is in jail since 08.09.2020; the offence is triable by the JMFC and further looking to the quantity of liquor allegedly seized from the applicant, I am inclined to allow this bail application.

6. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o