Barsadi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.7536 of 2018 Barsadi S/o Kriparam Pardhi Aged About 28 Years R/o Village- Puraina, Police Station- Mohara Chowki, Tahsil- Dongargarh, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police StationGatapar, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Non-Applicant For Applicant:

Shri Abhishek Pandey, Advocate.

For State/Non-Applicant:

Shri Adil Minhaj, Panel Lawyer.

Single Bench:Hon'ble Shri Sanjay Agrawal, J Order On Board 11.10.2018 1.

This is the first bail application under Section 439 Cr.P.C for grant of regular bail as the Applicant is arrested in connection with Crime No.30/2018 registered at Police Station - Gatapar, District Rajnandgaon (CG) for the offence punishable under Section 34 (2) of Chhattisgarh Excise Act for illegally possessing 5.400 bulk liters of country made liquor. 2.

Case of the prosecution is that on 17.09.2018, the Applicant was transporting 5.400 bulk liters of country made liquor which was recovered from his possession. Based upon it, the alleged offence as mentioned above has been registered against him.

3.

Learned Counsel for the Applicant submits that the Applicant is innocent

and has been falsely implicated in the alleged crime. He further submits that the Applicant is in jail since 17.09.2018, therefore, he is liable to be enlarged on bail.

4.

On the other hand, learned counsel for the State while opposing the prayer for bail, submits that the offence is of serious in nature and the alleged country made liquor was recovered from the possession of the Applicant therefore, the bail application deserves to be rejected. 5.

Having considered the facts and circumstances of the case and particularly keeping in view the quantity of liquor seized and that the Applicant is in jail since 17.09.2018, this Court is inclined to release the Applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C is allowed and it is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed.

Sd/- (Sanjay Agrawal) JUDGE Priya