High Court Of ChhattisgarhMCRC/5538/2019allowed

Budhwar Singh v. State Of Chhattisgarh

2019-08-26Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5538 of 2019 • Budhwar Singh, S/o Santram, Aged About 40 Years, R/o Village Sonaidih, P.S. Bamhnidih District- Janjgir-Champa, Chhattisgarh At Present R/o Village Bokrel Dhanuhar Para, Chowki Pantora P.S. Baloda District- Janjgir-Champa, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Police Chowki Pantora, P.S. Baloda District- Janjgir-Champa, Chhattisgarh.

---- Respondent ____________________________________________________________________ For Applicant :

Mr. F.S. Khare, Advocate.

For Non-applicant/State :

Mr. Neeraj Pradhan, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-08-2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 131/2019, registered at Police-Chowki- Pantora, Police Station- Baloda, District-JanjgirChampa(C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 8.5 bulk liters and he was arrested on 19.7.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 19.7.2019; therefore, he may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned

-2SHO, the applicant has no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 8.5 bulk liters; offence is triable by the JMFC and the applicant is in jail since 19.7.2019, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha