Chamru Sahis v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6046 of 2019 Chamru Sahis S/o Daduram Sahis Aged About 45 Years R/o Village Salheona, Tahsil Baramkela, District Raigarh, Chhattisgarh. ---- Applicant

Versus

The State Of Chhattisgarh Through Station House Officer Police Station Sariya, District Raigarh, Chhattisgarh.

---- Respondent For the Applicant :

Shri Dinesh Kumar Bole, Advocate.

For the Respondent/State :

Shri Neeraj Mehta, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

18.09.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.118 of 2019, registered at Police Station Sariya, District - Raigarh, Chhattisgarh for the offence punishable under Sections 34(2) and 59(A) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 25 bulk liters and he was arrested on 30.8.2019.

3.

Learned counsel for the applicant submits that the applicant is in jail since 30.8.2019 and the applicant has been falsely implicated in this case; therefore, he may be released on bail.

4.

Learned State counsel opposes the bail application and the submissions made in this respect. It is submitted that the applicant has a history of two previous criminal antecedents of the year 2018 under the provisions of Chhattisgarh Excise Act.

5.

In reply, it is submitted by counsel for the applicant that the applicant is on bail in the pending cases against him, therefore, it cannot be made a ground for rejection of this application.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 25 bulk liters; offence is triable by the JMFC and the applicant is in jail since 30.8.2019, this Court is inclined to release the applicant on bail.

7.

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

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the 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. In case any default is committed by the applicant/s in appearing

before the concerned trial Court, this order granting bail shall stand cancelled automatically.

9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi