Ritesh Sinha v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5991 of 2019 • Ritesh Sinha S/o Late Shri Kishore Sinha aged about 31 years, R/o. VillageGathula, Police Outpost- Chikhli, Tahsil & District Rajnandgaon (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through the Station House Officer, Police OutpostChikhli, Thana- Kotwali Rajnandgaon District Rajnandgaon (C.G.) ---- Respondent For Applicant : Mr. S.S. Baghel, Advocate.

For Respondent/State : Ms. Seema Dixit, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 14/10/2019

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. 476/2019, registered at Police Station - Police Outpost- Chikhli Thana- Kotwali Rajnandgaon, (C.G.) for the offence punishable under Sections 34 (2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 25.08.2019, on the basis of information received from an informant, police personnels searched and seized total 7.2 bulk litres of country-made and foreign liquor has been seized from his possession and he has been arrested on 25.08.2019.

3. Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that he is in custody since 25.08.2019 and trial will take some time. Therefore, he may be released on bail.

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

5. I have heard learned Counsel for the parties.

6. As per the submission of learned counsel for the respondent/State there are some previous antecedents against the applicant however, counsel for the applicant submits that out of six cases, applicant has been acquitted in five cases and only one case is pending. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that, he is in custody since 25.08.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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 solvent 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 Vijay Sahu