High Court Of ChhattisgarhMCRC/6006/2019allowed

Prem Singh Bareth v. State Of Chhattisgarh

2019-09-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6006 of 2019 • Prem Singh Bareth S/o Shri Shyam Kumar Bareth Aged About 25 Years R/o Village Nandeli, Police Station Sarangarh Tahsil And District Raigarh Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Of The Police Station Sarangarh, Tehsil And District Raigarh Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Abhishek Saraf, Advocate.

For Non-applicant/State :

Mr. Chandrabhushan Kesharwani, 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. 379/2019, registered at Police Station- Sarangarh, Tehsil & District- Raigarh (C.G.) for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 27.900 bulk liters and he was arrested on 27.08.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 27.08.2019; 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

-2SHO, the applicant has no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 27.900 bulk liters; offence is triable by the JMFC and the applicant is in jail since 27.08.2019, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his 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.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika