High Court Of ChhattisgarhMCRC/7280/2018allowed

Prem Kumar Kurre v. State Of Chhattisgarh

2018-10-09Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7280 of 2018 • Prem Kumar Kurre, S/o Shri Sukhiram Kurre, aged about 27 years, R/o New Gondwara (wrongly mentioned as Gondwar in impugned order), P.S.- Khamtarai, Tahsil & District- Raipur (C.G.).

---- Applicant

Versus

• State of Chhattisgarh Through - Police Station- Khamtarai, Raipur, DistrictRaipur (C.G.). ---- Respondent __________________________________________________________________ For Applicant : Ms. Sunita Sahu, Advocate.

For Respondent/State : Shri U.K.S. Chandel, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 09/10/2018

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. 488/2018, registered at Police Station- Khamtarai, District- Raipur, (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 07.09.2018, during patrolling, on the basis of information received from an informant, police personnels searched the vehicle bearing registration number CG 04 LW 3831 of the applicant and co-accused Sujit Kumar Dahariya and total 5.910 litres of country-made and foreign liquor have been seized from their possession. Applicant was arrested on 08.09.2018.

3. Learned counsel appearing on behalf of the Applicant submits that the applicant is innocent and has been falsely implicated in the case. She further submits that the applicant has no criminal antecedent, he is in custody since 08.09-2018 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. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant has no criminal antecedent, he is in custody since 08.09.2018 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 Prakash