High Court Of ChhattisgarhMCRC/6094/2019allowed

Sammelal v. State Of Chhattisgarh

2019-09-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6094 of 2019 • Sammelal S/o Mahetru Lal Aged About 34 Years R/o Khaira, Police Station Kasdol, District-Baloda Bazar-Bhatapara, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Kasdol, District-Baloda Bazar-Bhatapara, Chhattisgarh. ---- Respondent ____________________________________________________________________ For Applicant :

Mr. S.K. Guha, Advocate.

For Non-applicant/State :

Mr. Sanjay Pathak, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-09-2019

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. 598/2019, registered at Police Station- Kasdol, Civil & Revenue District-Baloda BazarBhatapara(C.G.) for the offence punishable under Sections 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 20 bulk liters and he was arrested on 29.8.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 29.8.2019; therefore, he may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he

-2would submit that as per the information received from the concerned SHO, the applicant has one previous antecedent under the Excise Act.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 20 bulk liters; offence is triable by the JMFC and the applicant is in jail since 29.8.2019, 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 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 copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha