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High Court Of ChhattisgarhMCRC/3183/2017allowed

Dhanesh Kumar v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.3183 of 2017 Dhanesh Kumar S/o Doojram Markandey Aged About 34 Years R/o VillageLatuwa, Police Station - Balodabazar , District- Balodabazar- Bhatapara, Chhatttisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through: Excise Circle Balodabazar, District (Revenue & Civil) Balodabazar,- Bhatapara, Chhattisgarh. ---- Non-Applicant For Applicant:

Shri Anand Kesarwani, Advocate.

For State/Non-Applicant:

Smt M. Asha, Panel Lawyer.

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.21/2017 registered at Police Station - Balodabazar, District (Revenue & Civil) Balodabazar, Bhatapara (CG) for the offence punishable under Section 34 (2) of Chhattisgarh Excise Act, 1920 for illegally possessing 64.350 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 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 also that the offence is triable by the Magistrate, First Class and that the Applicant is in jail since 21.4.2017, 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