Chitrasen Sidar v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 7942 of 2021 Chitrasen Sidar Versus State of Chhattisgarh 07.10.2021 Mr. Abhishek Saraf, Advocate for applicant.
Mr. Adil Minhaj, Government Advocate for the State. Heard.
Admit.
Learned State counsel submits that the case diary is available today.
With the consent of parties, matter is heard finally. Order dictated and signed separately.
Sd/- (Parth Prateem Sahu) Judge Pawan
NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRC No. 7942 of 2021 • Chitrasen Sidar S/o Shri Jaina Sidar, aged about 25 Years R/o Kodapara, Ward No.12, Tahsil and Police Station- Baramkela District-Raigarh Chhattisgarh.
------Applicant
VERSUS
• State of Chhattisgarh through: SHO, Police Station Baramkela, District Raigarh, Chhattisgarh -------Non-applicant For Applicant : Mr. Abhishek Saraf, Advocate For Non-applicant/State : Mr. Adil Minhaj, Govt. Adv. Hon'ble Shri Parth Prateem Sahu, Judge
ORDER
07/10/2021 1.
Applicant has filed this application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 288/2021 registered at Police Station Baramkela, District Raigarh (C.G.) for the offence punishable under Section 34(2), 59(A) of Chhattisgarh Excise Act.
2.
Case of the prosecution is, that on 17.09.2021, based on the secret information, police intercepted the applicant near village Chantipali and recovered 15 bulk litre of hand made liquor from his possession. Based on it, aforementioned crime is registered against applicant and he was arrested.
3.
Mr. Abhishek Saraf, learned counsel for the applicant submits that the applicant has been falsely implicated in the crime. No liquor has been seized from his possession but he has been intercepted when he was going on the way. He further submits that applicant is having no other criminal antecedents of similar nature against him. He is in jail since the date of arrest, hence, he may be enlarged on bail. 4.
Mr. Adil Minhaj, learned State counsel, while opposing the submissions made by the learned counsel for the applicant, submits that when police intercepted the applicant, he was found in conscious
possession of 15 bulk litre of hand made liquor, hence, he is not entitled for grant of bail. However, upon putting specific query with regard to any criminal antecedents of similar nature against applicant, upon going through case diary, he submits that there is no mention of any criminal antecedents against applicant in the case diary.
5.
I have heard learned counsel for the parties. 6.
Taking into consideration, nature of allegation, quantity of liquor seized from the possession of applicant, period of detention, and further that applicant is having no criminal antecedents against him, without commenting anything on merits, I am inclined to allow the bail application.
7.
Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with surety in the like sum to the satisfaction of the Court on the conditions thata) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) The applicant shall not, in any manner, tamper with the prosecution witnesses.
c) If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail. Certified copy as per rules.
Sd/- (Parth Prateem Sahu) Judge Pawan