Ramsingh Nirmalkar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5275 of 2019 • Ramsing Nirmalkar S/o Kishun Ram Nirmalkar, Aged About 50 Years, R/o Village Rengakathera, (Aamatola), Thana Chilhati, Tahsil Ambagarh, Chauki District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Excise Circle Ambagarh Chauki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ----Non-applicant For Applicant - Shri Samir Singh, Advocate. For Non-applicant/State - Shri Sanjay Pathak, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 20-08-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 29-07-2019 in connection with Crime No.55/2019 registered at P.S. - Excise Circle Ambagarh Chauki, District Rajnandgaon, Chhattisgarh for the offence under Section 34(2) of the Chhattisgarh Excise Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 29-07-2019. Hence, it is prayed that the applicant may be granted regular bail. 3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that total 21.440 bulk liter illicit liquor has been seized from the possession of the applicant. Also, there is one previous case registered against the applicant under the provisions of the IPC in the year 2009. Hence, he is not entitled for grant of bail. 4.

Heard learned counsel for the parties and perused the case diary.

-25.

Considering on the submissions made and the contents of the case diary, detention of the applicant till conclusion of the trial would not serve any purpose. Hence, for these reasons, I am of the view that the application deserves to be allowed.

6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil