Rajesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7671 of 2018 • Rajesh S/o Bilkhu Giri, aged about 25 years, Caste Gosai, R/o Village Ramnagar (Jhadathal) PS. Kusmi, Tahsil Kusmi, Dist.- BalrampurRamanujganj (CG.). ---- Applicant In Jail.

Versus

• State Of Chhattisgarh Through the Station House Officer Police Station Kusmi, Police Station Kusmi, Dist. Balrampur- Ramanujganj (C.G.). ---- Respondent For the Applicant : Ms. Arpana Singh, Advocate For the Respondent/State : Shri G. Mukhopadhyay, G.A. Hon'ble Shri Justice Gautam Chourdiya ORDER On Board 11.10.2018 1.

The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 31.08.2018 in connection with Crime No 61/2018, registered in Police Station- Kusmi, District- Balrampur Ramanujganj (Chhattisgarh) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2.

Allegation against the applicant is that he was found in illegal possession of 08 liters of country made liquor. 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 31.08.2018 the offence is triable by the Magistrate and conclusion of trial is likely to take some time.

4.

On the other hand, learned counsel for the State opposes the bail application. However, he submits that the applicant has no criminal antecedents.

5.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of liquor, the detention period of the applicant and the fact that conclusion of trial may take some time, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial. 6.

It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench.

7.

Certified copy today.

Sd/- (Gautam Chourdiya) Judge Amita