Pinku @ Praveen Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5983 of 2016 • Pinku @ Praveen Singh S/o Purushottam Singh Thakur Aged About 33 Years R/o Village Singarpur, Police Station & Tehsil : - Khairagarh, District - Rajnandgaon, Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through Police Station Khairagarh, District Rajnandgaon Chhattisgarh --- Respondent For the applicant :

Mr. Abhishek Pandey, Advocate For the Respondent :

Mr Lav sharma, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 03.10.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 305 of 2016 registered at P.S. Khairagarh, Distt. Rajnandgaon (C.G) for the offence punishable under Sections 34(2) of the C.G. Excise Act.

2. As per the prosecution case, when a raid was conducted by the police on 03.09.2016, from the possession of the applicant 12.240 bulk litres of illicit liquor recovered seized.

3. Learned counsel for the applicant would submit that earlier also a criminal case bearing no.154 of 2013 was registered wherein the applicant was acquitted by the CJM by order dated 27.11.2013 and the applicant has been falsely implicated in this case also.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the fact that in earlier case the applicant was acquitted by the CJM vide order dated 27.11.2013 and the

totality of the facts and circumstances of the case, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in 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 by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o