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High Court Of ChhattisgarhMCRC/7925/2017allowed

Jasvinder Singh v. State Of Chhattisgarh

2018-01-16Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7925 of 2017 Jasvinder Singh S/o Iqbal Singh Bhatiya, Aged About 50 Years Caste Singh, R/o Budhwari Para, Dongargarh District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Collector, District Rajnandgaon Chhattisgarh.

---- Respondent For the Applicant :

Shri B.P. Singh, Advocate.

For the Respondent/State :

Shri Vinod Tekam, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

16.01.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.154 of 2017, registered at Police Station - Excise Circle, Dongargarh, District Rajnandgaon, Chhattisgarh for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 2.

Learned counsel for the applicant submits that the applicant is in jail since 28.11.2017 and he has been falsely implicated in this case. As per the allegations of the prosecution case, no case is made out against the applicant and the trial of the case is likely to take some time for its final disposal. Hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect.

4.

Heard counsel for both the parties and perused the case diary. 5.

The facts of the case are that the applicant was found in possession of 41.85 bulk liters of liquor in his residence on a raid conducted by the Excise Department. After completion of investigation, the charge-sheet has been filed.

6.

Considering the submissions made and the contents of the case diary and the nature of the case and also that the applicant is a local resident of District Rajnandgaon and there shall be no difficulty in his availability during trial and the trial of the case is likely to take some time for its final disposal, the application deserves to be allowed.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi