Sanjay Maseeh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5639 of 2018 • Sanjay Maseeh, S/o Suleman Maseeh, aged about 24 years, R/o Village Vishrampur, Police Station Simga, Civil Revenue & District - Baloda Bazar - Bhatapara, C.G.

---- Applicant

Versus

• State of Chhattisgarh, Through- Station House Officer, Police Station Simga, District- Baloda Bazar, Bhatapara, Chhattisgarh. ---- Respondent For Applicant : Shri Santosh Kumar Verma, Advocate.

For Respondent/State : Shri Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 24/08/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No. 216/2018, registered at Police Station Simga, District - Baloda Bazar, Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and 186, 201, 34 of the IPC.

2. As per the prosecution story, on the basis of information received from the informant on 13.07.2018, the Police party reached and searched the house of the present applicant and co-accused Suraj Maseeh and allegedly seized total 15.300 bulk litres of country made liquor from the joint possession of both of them. It is further alleged that during the said proceeding applicant and co-accused Suraj Maseeh both have voluntarily destroyed some bottles of liquor. The present applicant was arrested on 13.07.2018.

3. Shri Santosh Kumar Verma, learned counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case. There is no previous history against the present applicant regarding any crime. He further submits that the applicant is in custody since 13-07-2018 and trial will likely to take some time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and further considering the fact that the applicant is in custody since 13-07-2018 charge sheet has not been filed yet, therefore, trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge yasmin