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High Court Of ChhattisgarhMCRC/6678/2017allowed

Amit Sahu v. State Of Chhattisgarh

2017-10-30Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6678 of 2017 • Amit Sahu S/o Om Prakash Sahu, Aged About 19 Years, R/o Kisungarh, Police Station & Tehsil Pandariya, District Kabirdham Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Pandariya District Kabirdham Chhattisgarh.

---- Non-applicant For Applicant - Shri Sandeep Yadav, Advocate. For Non-applicant/State - Shri Neeraj Jain, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-10-2017 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for grant of regular bail. The applicant has been arrested on 29-09-2017 in connection with Crime No.161/2017 registered at P.S. Pandariya, District Kabirdham, C.G. for the offence under Section 34(2) of the C.G. Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in custody since 29-09-2017. Hence, he may be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 9 bulk liter illicit country made liquor has been seized from the possession of the applicant. Hence, he is not entitled for grant of bail.

4.

Heard learned counsel for both the parties and perused the case diary. 5.

Considering the submissions made and the contents of the case diary, detention of the applicant till completion of the investigation and trial would not serve any purpose. Hence, for these reasons the application deserves to be

-2allowed.

6.

Consequently, the application (MCRC No.6678/2017) filed under Section 439 of the Cr.P.C. by the applicant is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil