Shailesh Sahare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.(A) No. 1342 of 2018 Shailesh Sahare S/o Nohar Singh Sahare Aged About 28 Years R/o VillageChiladabri, Post- Marri, Police Station- Ambagar Chauki, Tahsil- Mohla, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station- Manpur, DistrictRajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh. ---- Respondent For the Applicant :

Shri S.S. Baghel, Advocate.

For the Respondent/State :

Shri Anant Bajpai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

02.11.2018 1.

Heard on application under Section 438 of the Code of Criminal Procedure, 1973.

2.

This is the first bail application filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending arrest in connection with Crime No.52 of 2018 registered at police station Manpur, District Rajnandgaon, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against the applicant. The illicit liquor has been seized from the co-accused persons where this applicant was not present. None of the accused has given the name of this

applicant in the memorandum statement even then, this applicant has been arrayed as an accused in this case. Hence, it is prayed that the applicant be benefited with grant of anticipatory bail.

4.

Learned State counsel opposes the bail application and the submissions made in this respect.

5.

Heard counsel for both the parties and perused the case diary. 6.

The police personnel of P.S. Manpur, District Rajnandgaon made a seizure of 25 cartoons of foreign liquor from the vehicle of the co-accused persons on the spot. It was disclosed by the co-accused persons, on asking the applicant and the other co-accused persons, were transporting the illicit liquor.

7.

Considered the submissions and the documents present in this case and the statements given by the co-accused persons, I feel inclined to grant anticipatory bail to the applicant.

8.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the Officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions: '(i) that the applicant shall make himself available for interrogation before the Investigating Officer as and when required;

(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.'

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi