High Court Of ChhattisgarhMCRC/7558/2018allowed

Chudamadi Sinha v. State Of Chhattisgarh

2018-10-11Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7558 of 2018 • Chudamadi Sinha S/o Dhansingh Sinha Aged About 35 Years R/o Village- Raytum , Thana- Patewa, Tahsil And District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police StationPatewa, District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Vikas Pradhan, Advocate.

For Non-applicant/State :

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 11-10-2018

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. 158/2018, registered at Police Station-Patewa, District-Mahasamund(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 5.760 bulk liters and he was arrested on 23.9.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 23.9.2018; 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 the applicant has one previous case on proceeding of preventive nature under the provisions of CrPC.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.760 bulk liters; offence is triable by the JMFC and the applicant is in jail since 23.9.2018, 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha