Kishan Das Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7702 of 2021 • Kishan Das Manikpuri S/o Shri Khemu Das Manikpuri Aged About 25 Years R/o Village Bhedsar, Police Station Pulgaon, District Durg (Chhattisgarh) ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Ghumka, District - Rajnandgaon (Chhattisgarh) ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Shaleen Singh Baghel, Advocate.

For State :

Mrs. Smita Jha, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 26-10-2021

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C for grant of regular bail as he has been arrested and is in jail since 13-9-2021 in connection with Crime No. 215 of 2021 registered in Police Station- Ghumka, District Rajnandgaon (CG) for the offence punishable under Section 34(2) of the CG Excise Act.

2. The case of the prosecution, in brief, is that on 12-9-2021 a secret information was received by Inspector of Police Station Gurur that the applicant along with other co-accused was transporting the liquor illegally on the basis of which Police party conducted raid and in the said raid the applicant was found in illegal possession of 25.920 bulk liters of liquor, thereby he committed the said offence.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 13-9-2021, the case is triable by Judicial Magistrate First Class, there is no possibility of tampering with the evidence and conclusion of the trial is likely to take some time,

therefore, he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. Having heard learned counsel for the parties, considering the totality of the facts and circumstances of the case, in particular the quantity of illicit liquor, the detention period of the applicant, case is triable by Judicial Magistrate First Class and the fact that conclusion of the trial may take some time and looking to the gravity of the offence, I am inclined to grant regular bail to the applicant.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C is allowed. It is directed that in the event of the applicant's 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, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.

7. It is made clear that the applicant shall not involve himself in any offence of similar nature in future, otherwise bail granted to him shall be liable to be cancelled without further reference to the Bench.

Sd/- (Narendra Kumar Vyas) Judge Raju