High Court Of ChhattisgarhMCRC/6487/2018allowed

Devkumar v. State Of Chhattisgarh

2018-09-17Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6487 of 2018 Devkumar, S/o Sammar Lal Sahu, Aged About 32 Years, R/o- Dhanuwar Para Sothi, Police Station Bamhanidih, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh, Through- Station House Officer, P.S. Bamhanidih, Civil And Revenue District- Janjgir-Champa, Chhattisgarh ---- Respondent For Applicant :

Shri Pushpendra Kumar Patel, Advocate.

For Respondent/State :

Shri S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 17/09/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 58/2018, registered at Police Station- Bamhanidih, District - Janjgir-Champa (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on the basis of information received from the informant on 23.08.2018, the police party searched the applicant and seized total 15 bulk litres of country made liquor from the possession of the accused/applicant. The offence has been registered and applicant has been arrested on 23.08.2018.

3. Shri Pushpendra Kumar Patel, learned counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case. He further submits that there is no criminal antecedent of the applicant and he is in custody since 23.08.2018 and trial will take some more time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant is in custody since 23.08.2018, charge-sheet has not been filed yet, therefore, trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge yasmin