Chandramadi Thuriya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5277 of 2019 Chandramadi Thuriya S/o Jagdish Thuriya Aged About 36 Years R/o Village Barnahapara, Salar, outpost Kankabira, Thana And Tahsil Sarangarh, District Raigarh Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sarangarh, District Raigarh Chhattisgarh.

---- Respondent For the Applicant :

Shri Vikash Pradhan, Advocate.

For the Respondent/State :

Shri Neeraj Pradhan, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

13.08.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.338 of 2019, registered at Police Station Sarangarh, District - Raigarh, Chhattisgarh for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 93 bulk liters and he was arrested on 30.7.2019.

3.

Learned counsel for the applicant submits that the applicant is in jail since 30.7.2019 and the applicant has been falsely implicated in this case;

therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has two previous cases under the Excise Act.

5.

In reply, it is submitted by counsel for the applicant that the two previous cases registered against the applicant are now disposed off. 6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 93 bulk liters; offence is triable by the JMFC and the applicant is in jail since 30.7.2019, this Court is inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on 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 Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi