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High Court Of ChhattisgarhMCRC/7592/2018allowed

Palchand Banjare v. State Of Chhattisgarh

2018-10-11Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.7592 of 2018 • Palchand Banjare S/o Manjnu Ram Banjare Aged About 26 Years R/o Village- Tamasivni, Thana- Aarang, District- Raipur, Chhattisgarh.( Impuged Order Sheet Wrongly Mention Gariyaband.) ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- Rajim, DistrictGariyaband, Chhattisgarh. ---- Respondent For Applicant : Shri Krishna Kumar Dewangan, Advocate For Respondent/State : Shri Vivek Sharma, Govt. Advocate Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 11.10.2018.

1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.264/2018 registered in Police Station Rajim, Distt. Gariyaband (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3.

Case of the prosecution in brief is that 05.400.00 bulk liters of illicit country made liquor has been seized by the Police from the possession of the present applicant.

4.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case and he is in jail since 21.9.2018, therefore, he may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Considering the quantity of liquor which is alleged to have been seized from the possession of the applicant and also the fact that the applicant is in jail since 21.9.2018, prima facie, I am of the opinion that it is a fit case where the present applicant can be released on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed.

Sd/- (Ram Prasanna Sharma) JUDGE Bini