High Court Of ChhattisgarhMCRC/6296/2019allowed

Chhannu Lal Kurre v. State Of Chhattisgarh

2019-09-30Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6296 of 2019 • Chhannu Lal Kurre S/o Late Shri Dukalu Kurre Aged About 55 Years R/o Mini Basti, Jarhabhata, Besides Futha College Police Station Civil Line, Bilaspur, Tehsil And District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Civil Line Civil And Revenue District Bilaspur Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Harshal Chouhan, Advocate.

For Non-applicant/State :

Mr. Roshan Dubey, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 30-09-2019

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 566/2019, registered at Police Station- Civil Line, District- Bilaspur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.400 bulk liters and he was arrested on 31.08.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 31.08.2019; therefore, he may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar offence.

-25. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.400 bulk liters; offence is triable by the JMFC and the applicant is in jail since 31.08.2019, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika