Manoj Kumar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4726 of 2019 • Manoj Kumar S/o Kulban Ram, Aged About 35 Years, R/o Village Karaiya, Police Station Darima, Tahsil and District Ambikapur Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh, through, Police Station Darima, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ----Non-applicant For Applicant - Shri Anurag Singh, Advocate. For Non-applicant/State - Shri Avinash K. Mishra, 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 13-06-2019 in connection with Crime No.68/2019 registered at P.S. - Darima, Ambikapur, District Surguja, Chhattisgarh for the offence under Section 34(2) of Chhattisgarh Excise Act, 1915.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 15-06-2019. Hence, 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 57.600 bulk liter illicit liquor has been seized from the possession of the applicant. Also, there is one previous case for similar offence registered against the applicant in the year 2010. Hence, he is not entitled for grant of bail.

4.

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

-25.

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 purpose. 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