Khelsingh Kawar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9754 of 2021 Khelsingh Kawar, S/o Badansingh Kawar, Aged about 40 years, R/o Village Chirrabehra, P.S. and Tahsil Saraipali, Distt.

Mahasamund, Chhattisgarh.

---Applicant

Versus

State of Chhattisgarh through the P.S. Saraipali, Distt. Mahasamund, Chhattisgarh.

---Respondent For Applicant :- Ms. Shivali Dubey, Advocate For State :- Mr. Ravi Bhagat, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 17/12/2021

1. This is the second bail application filed by the applicant for grant of regular bail in connection with Crime No. 373/2015 registered at Police Station Saraipali, Distt. Mahasamund for offence punishable under Section 34(2) of the Excise Act.

2. Learned counsel for the applicant would submit earlier the applicant was granted bail on 12/10/2015, but on account of medical reasons and due to COVID-19 situation, he could not appear before the trial Court and he has been arrested

again on 27/10/2021 and is still in jail, therefore, he may be released on bail.

3. On the other hand, learned State counsel, would oppose the bail application.

4. I have heard learned counsel for the parties and perused the record.

5. Taking into consideration the facts and circumstances of the case and considering the reason assigned for non-appearance, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7. 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 for his appearance as and when directed.

8. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Harneet