Uttar Kumar Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7628 of 2018 • Uttar Kumar Sidar S/o Raghu Singh Aged About 42 Years R/o Darribhatha, Police Station- Seepat, District- Bilaspur, Chhattisgarh.

---- Applicant In Jail

Versus

• State Of Chhattisgarh Through Station House Officer, Excise Circle Seepar, District- Bilaspur, Chhattisgarh. ---- Respondent For Applicant Shri S.K. Guha, Advocate.

For State Shri Garry Mukopadhyay, Government Advocate.

Hon'ble Shri Justice Gautam Chourdiya Order On Board 11/10/2018 The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 29.08.2018 in connection with Crime No.32/2018 registered in Police Station-Excise Circle Seepat, District Bilaspur C.G. for the offence punishable under Section 34(1)(a), 34(2) 59(a) of the CG Excise Act.

Allegation against the applicant is that he was found in illegal possession of 10 bulk liters of country-made liquor. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 29.08.2018, the offence is triable by the Magistrate and conclusion of trial is likely to take some

time.

On the other hand, learned counsel for the State opposes the bail application.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of liquor, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.

It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench. Certified copy today itself.

Sd/- (Gautam Chourdiya) J U D G E Akhilesh