Jeewan Singh Thakur v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7562 of 2020 Jeewan Singh Thakur S/o Shri Karan Singh Thakur, aged about 25 years R/o Village & Post Suretha, Thana Lalpur, Distt. Mungeli (C.G.). ---- Applicant

Versus

State of Chhattisgarh through the Station House Officer Police Station Jarhagaon, Distt. Mungeli (C.G.).

---- Respondent For Applicant :

Mr. Sunil Sahu, Advocate For Respondent :

Ms. Hamida Siddique, Dy. Adv. General S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 11/12/2020 Heard.

1.

The applicant is arrested in connection with Crime No. 224/2020 registered in Police Station Jarhagaon, Distt. Mungeli (C.G.) for alleged commission of offence under Sections 3 & 7 of the Essential Commodities Act.

2.

Case of the prosecution is that from the possession of the applicant, huge quantity of essential commodities made for public distribution was seized.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and a false seizure has been shown on the assumption that quantity of grains seized from the possession of the applicant is ear marked for public distribution, whereas there is no inquiry in this regard made till date.

4.

Learned counsel appearing on behalf of the State opposes the bail

application by submitting that the vehicle in which the food grains were being transported, were intercepted and the bag in which the food grains was kept, contains seal of it being made for distribution under Public distribution system, therefore, the applicant's defence that merely because that contain of seal, the contents of same would not necessarily be part of public distribution system, cannot be accepted at this stage.

5.

Considering the submissions made by counsel for the parties, material on record, particularly taking into consideration investigation has completed, charge-sheet has been filed and the applicant is in jail since 02/10/2020, I am inclined to grant bail to the applicant. 6.

The application is accordingly 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/- along with one local surety for the like amount to the satisfaction of the concerned trial Court and the applicant shall appear before the trial Court on each and every date given by the said Court. Sd/- (Manindra Mohan Shrivastava) Judge Rahul