Santosh Kumar Mishra v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6693 of 2017 • Santosh Kumar Mishra S/o Late Siyaram Mishra, Aged About 58 Years, R/o Village Igwa, Post Office and Police Station Sarai Akeel, District Kaushambi Uttar Pradesh..............Present R/o Near Fafadih Daru Bhatti, Post Office Raipur, Police Station Ganj, Raipur, District Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Ganj, District Raipur Chhattisgarh ---- Non-applicant For Applicant - Shri Shivendu Pandya, Advocate. For Non-applicant/State - Shri Om P. Shau, 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 02-10-2017 in connection with Crime No.358/2017 registered at P.S. Ganj, District Raipur, 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 02-10-2017. Hence, he may be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that that in total 11.880 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

-2serve any purpose. Hence, for these reasons the application deserves to be allowed.

6.

Consequently, the application (MCRC No.6693/2017) 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