Praveen Singh @ Pinku Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5863 of 2019 Praveen Singh @ Pinku Singh, S/o. Purushottam Singh, Aged About 30 Years, R/o. Village Singaarpur, P. S. and Tehsil Khairagarh, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : The Police Station : Khairagarh, District Rajnandgaon Chhattisgarh.

---- Respondent For Applicant :

Mr. Rakesh Pandey, Advocate For Respondent :

Mr. Kapil Maini, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 30/09/2019 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.312/2019, registered at Police Station- Khairagarh, District - Rajnandgaon (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.400 bulk liters and he was arrested on 26.08.2019.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 26.08.2019;

therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has 8 previous cases registered against him under the provisions of of Excise Act, therefore, it is prayed that the applicant may not be released on bail.

5.

In reply, it is submitted that all the cases registered against the applicant have been disposed off. Copy of the judgments are filed along with the application.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.400 bulk liters; offence is triable by the JMFC and the applicant is in jail since 26.08.2019, this Court is inclined to release the applicant on bail.

7.

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

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Certified as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram