Rahul Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5497 of 2018 Rahul Sharma, S/o. Late Naresh Sharma, Aged About 19 Years, R/o.- Mahasati Ward, Bhatapara, Police Station Bhatapara (Sahar), District- Baloda Bazar- Bhatapara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police Of Police Station Bhatapara (Saha), District- Baloda Bazar- Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Mr. P.K. Tulsyan on behalf of Anil Gulati, Advocate For Respondent :

Mr. Neeraj Mehta, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 06/08/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 188/2018, registered at Police Station- Bhatapara (Sahar), District - Balodabazar - Bhatapara (C.G.) 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 10.440 bulk liters and he was arrested on 19.07.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 19.07.2018; therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, two previous prosecution under Excise Act are registered against the applicant. Therefore, he may not be released on bail.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 10.440 bulk liters; offence is triable by the JMFC and the applicant is in jail since 19.07.2018, this Court is inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram