High Court Of ChhattisgarhMCRC/2631/2017allowed

Khublal Janghel v. State Of Chhattisgarh

2017-05-29Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2631 of 2017 • Khublal Janghel S/o Prannath Janghel, Aged About 29 Years R/o Ward No. 8, Motipur, Rajnandgaon, Tahsil & District Rajnandgaon, Chhattisgarh. ---- Applicant (in jail)

Versus

• State of Chhattisgarh Through Chauki Chikhli, Thana Kotwali, District Rajnandgaon, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------------------- For the Applicant : Shri Samir Singh, Advocate.

For the Respondent/State : Shri Majid Ali, Panel Lawyer. --------------------------------------------------------------------------------------------------------------- Hon'ble the Vacation Judge Order on board 29/05/2017

1. The applicant has filed this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No.203/2017, registered at Police Station-Thana-Kotwali, Rajnandgaon, District-Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the C.G. Excise Act.

2. I have heard learned counsel for the parties and perused the case diary.

3. Learned counsel for the applicant submits that the applicant has not committed any offence, he has been falsely implicated in the crime in question and he is in custody from 30.03.2017. Even otherwise, as per prosecution case, the applicant has been found in possession of 6.300 bulk litres of English whiskey.

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

5. Considering the period of detention of the applicant, fact that he has no criminal antecedent and further considering the fact that disposal of trial will take some time, I am of the view that present is a fit case to enlarge the applicant on regular bail. Accordingly, bail application is allowed. The applicant is directed to

be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety in the like amount to the satisfaction of the Court below concerned for his regular appearance before it, as & when directed.

6. It is made clear that if the applicant involves himself in the offence of similar nature in future, this order granting bail to the applicant shall stand cancelled automatically without further reference to the Bench.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Nisha