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High Court Of ChhattisgarhMCRC/3158/2017allowed

Puran Lal Churendra v. State Of Chhattisgarh

2017-05-22Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.3158 of 2017 Puran Lal Churendra S/o Shri Kanhaiya Lal Aged About 38 Years CasteHalba, R/o Village Maarri Police Station Devri, District- Balod, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through: Police Of Police Station- Devri, District- Balod, Chhattisgarh.

---- Non-Applicant For Applicant:

Shri PP Sahu, Advocate.

For State/Non-Applicant:

Smt Shobha Kashyap, Dy. Govt Advocate.

Single Bench:Hon'ble Shri Prashant Kumar Mishra J Order On Board 22.5.2017 1.

This is the first bail application under Section 439 Cr.P.C for grant of regular bail as the Applicant is arrested in connection with Crime No.31/2017 registered at Police Station - Devri, District Balod (CG) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act for illegally possessing 8 bulk liters of country made liquor. 2.

Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the alleged crime. He submits further that there are no criminal antecedents of similar offence against him and is therefore liable to be enlarged on bail.

3.

On the other hand, learned counsel for the State opposed the prayer for bail.

4.

Having considered the facts and circumstances of the case and particularly keeping in view the quantity of liquor seized and that the Applicant is in jail since 06.4.2017, this Court is inclined to release the Applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C is allowed and 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 trial Court. He shall also appear before the trial Court as and when directed. 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 automatically stand cancelled without further reference to the Bench.

Sd/- (Prashant Kumar Mishra) V. JUDGE Priya