High Court Of ChhattisgarhMCRC/6141/2019allowed

Shauki Lal Rana v. State Of Chhattisgarh

2019-09-30Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6141 of 2019 • Shauki Lal Rana, S/o Shri Samaru Rana, Aged About 62 Years, R/o. Village - Hedaspali, Police-Station-Baramkela, Tahsil - Baramkela, District-Raigarh (Chhattisgarh).

---- Applicant

Versus

• State of Chhattisgarh Through - S.H.O. of The Police Station - Baramkela, District-Raigarh (Chhattisgarh).

---- Respondent ____________________________________________________________________ For Applicant :

Mr. Abhishek Saraf, Advocate.

For Non-applicant/State :

Mr. Priyanshu Gupta, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-09-2019

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. 144/2019, registered at Police Station-Baramkela, District-Raigarh(C.G.) for the offence punishable under Section 34(1)(A)(2), 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 30 bulk liters and he was arrested on 23.8.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 23.8.2019; therefore, he may also 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 SHO, the applicant has eight previous antecedents out of which four

-2cases under the Chhattisgarh Excise Act and other four cases under the provisions of CrPC.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 30 bulk liters; offence is triable by the JMFC and the applicant is in jail since 23.8.2019, 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