High Court Of ChhattisgarhMCRC/6660/2018allowed

Surjan Singh v. State Of Chhattisgarh

2018-09-24Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6660 of 2018 Surjan Singh, S/o Amarjit Singh, Aged About 25 Years, R//o Village Taraimal, Tahsil and District : Raigarh, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police of Police Station City Kotwali, Raigarh, District Raigarh, Chhattisgarh ---- Respondent For Applicant :

Shri Abhishek Saraf, Advocate.

For Respondent/State :

Shri Bhaskar Payashi, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 24/09/2018

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. 1107/2018, registered at Police Station City Kotwali, Raigarh, District - Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(a) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on the basis of information received from the informant on 22.08.2018, Police party conducted a raid and seized total 9 bulk litres of foreign made liquor from the possession of the accused/applicant. He has been arrested on 22.08.2018.

3. Shri Abhishek Saraf, 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 the seized liquor was only 9 bulk litres and there is no criminal antecedent of the applicant. He further submits that the applicant is in custody since 22.08.2018 and trial will likely to 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 22.08.2018, charge-sheet has not been filed yet, therefore, trial will likely to take some time, without further commenting on merits 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