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High Court Of ChhattisgarhMCRC/6661/2017allowed

Dhunaram Kashyap v. State Of Chhattisgarh

2017-12-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6661 of 2017 Dhunaram Kashyap S/o Shri Motiya Kashyap, Aged About 50 Years R/o Gram Chirhutti, Thana Lormi, District Mungeli, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station Lormi, District Mungeli, Chhattisgarh --- Respondent For the applicant :

Mr.Mateen Siddiqui, Advocate For the Respondent :

Mr.Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 397 of 2017 registered at Police Station Lormi, Distt. Mungeli (C.G) for the offence punishable u/s 3/7 of the Essential Commodities Act, 1955

2. As per the prosecution case, on 29.09.2017 on a raid being conducted by the police in the premises of applicant, 50 litres of Kerosene Oil was seized from the possession of applicant, thereby the offence has been committed.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case; the charge sheet has been filed and no further investigation is necessary. He further submits that the applicant is in jail since 29.09.2017, therefore, he may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the bail

application.

5. Considering the facts and circumstances of the case and the nature of allegations levelled against the applicant as also the fact that the charge sheet has been filed and the applicant is in jail since 29.09.2017, I am inclined to allow this bail application.

6. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o