Satish Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5986 of 2019 Satish Agrawal S/o Shri Sitaram Agrawal Aged About 32 Years R/o Village Kenda, Police Chowki, Belgehana, Police Station and Tehsil Kota, District Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Kota, District Bilaspur Chhattisgarh.

---- Respondent For Applicant :

Mr. Surfaraj Khan, Advocate For Respondent :

Mr. Arijit Tiwari, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/09/2019 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.397/2019, registered at Police Station- Kota, District - Bilsapur (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 11.500 bulk liters and he was arrested on 24.08.2019.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 24.08.2019; 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 one previous case registered against him under the provisions of Excise Act, therefore, it is prayed that the applicant may not be released on bail. 5.

In reply, it is submitted that the earlier case that has been registered against the applicant has been disposed off.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 11.500 bulk liters; offence is triable by the JMFC and the applicant is in jail since 24.08.2019, 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