High Court Of ChhattisgarhMCRC/6376/2019allowed

Shauki Lal v. State Of Chhattisgarh

2019-10-01Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6376 of 2019 • Shauki Lal S/o Shri Timan Aged About 55 Years R/o Village Tarpali, Tahsil And Police Station Chakardhar Nagar, Raigarh, District Raigarh, Civil And Revenue District Raigarh Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Chakardhar Nagar, District Raigarh Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Mr. Manoj Kumar Sinha, Advocate.

For Non-applicant/State :

Mr. Roshan Dubey, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01-10-2019

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. 327/2019, registered at Police Station- Chakardhar Nagar, District- Raigarh (C.G.) for the offence punishable under Sections 34, (1)(A), 59(A) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 10 bulk liters and he was arrested on 05.09.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 05.09.2019; 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

-2SHO, the applicant has no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 10 bulk liters; offence is triable by the JMFC and the applicant is in jail since 05.09.2019, 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