Shiva Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4793 of 2019 Shiva Netam S/o Ashok Netam Aged About 25 Years R/o Markodwapara, Changorabhatha, Police Station D.D. Nagar, Raipur, District Raipur Chhattisgarh. Mo. No. 7024176675.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station D. D. Nagar, Raipur Chhattisgarh.

---- Respondent For the Applicant :

Shri A.D Kuldeep, Advocate.

For the Respondent/State :

Shri Aditya Sharma, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

29.07.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.234 of 2019, registered at Police Station D.D. Nagar, Raipur, District - Raipur, Chhattisgarh 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 6.120 bulk liters and he was arrested on 2.7.2019.

3.

Learned counsel for the applicant submits that the applicant is in jail since 2.7.2019 and the applicant has been falsely implicated in this case;

therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has previous history of 17 criminal cases of various descriptions. Hence, he is not entitled for grant of regular bail.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 6.120 bulk liters; offence is triable by the JMFC and the applicant is in jail since 2.7.2019, this Court is inclined to release the applicant on bail.

6.

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

7.

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

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi