High Court Of ChhattisgarhMCRC/6071/2018allowed

Puranik Patel v. State Of Chhattisgarh

2018-09-04Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6071 of 2018 • Puranik Patel S/o Bhikhu Ram Patel (Wrongly mentioned the name of the father o the applicant as Bhikhu Patel only) Aged About 35 Years R/o Village Jaijamgaon Chowki Birejhar, Post Office, Police Station Kurud Tahsil Kurud District Dhamtari Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Bhakhara, District Dhamtari Chhattisgarh ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate.

For Respondent/State : Shri Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 04/09/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 166/2018, registered at Police Station Bhakhara District Dhamtari (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 15.07.2018, on the basis of information received from the informant, Police authority searched the applicant and total 5.76 litres of foreign liquor was seized from the possession of the present applicant and he was arrested on 15.07.2018.

3. Shri Shivendu Pandya, learned counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case. He further submits that the applicant has no criminal antecedent, he is in custody since 15-07-2018 and trial will likely to take some time to conclude, therefore, applicant may

be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant is in custody since 15-07-2018 and trial will likely to take some time to conclude, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham