Manraj v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5742 of 2018 Manraj S/o Sukul Singh Aged About 22 Years R/o- Village- Jalke, P.S.- Pasan, District- Korba, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- S.H.O Police Station- Khadgawan, DistrictKoriya, Chhattisgarh. ---- Respondent For Applicant :

Mr. Awadh Tripathi, Advocate For Respondent :

Mrs. Smita Ghai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/08/2018 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. 69/2018, registered at Police Station- Khadgawan, District - Koriya (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant along with other co-accused were found to be in possession of illicit liquor measuring about 215.690 bulk liters jointly and he was arrested on 28.06.2018. 3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 28.06.2018. The similarly placed co-accused has been enlarged on bail; 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, the applicant has no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the offence is triable by the JMFC and the applicant is in jail since 28.06.2018 and similarly placed co-accused has been enlarged on bail, 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