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High Court Of ChhattisgarhMCRC/6425/2019allowed

Satveer Singh Dua v. The State Of Chhattisgarh

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

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6425 of 2019 • Satveer Singh Dua S/o Late Shri Inder Singh, Aged About 33 Years, R/o Ward No.08 Bagbahra, Thana and Tahsil- Bagnbahra, DistrictMahasamund, Chhattigarh., District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• The State of Chhattisgarh, through the Excise Officer Excise Circle Bagbahra (Divisional Flying Scott Raipur), District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ----Non-applicant For Applicant - Shri Sumit Shrivastava, Advocate. For Non-applicant/State - Shri Sanjay Pathak, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01-10-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is second bail application before this Court filed by the applicant for grant of regular bail. His first application before this Court for grant of regular bail was dismissed as withdrawn. The applicant has been arrested on 02-08-2019 in connection with Crime No.90/2019 registered at P.S. - Excise Circle, Bagbahra (Divisional Flying Scott Raipur), District Mahasamund Chhattisgarh for the offence under Section 34(2) of Chhattisgarh Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 02-08-2019. Hence, it is prayed that the applicant may be released on regular bail. 3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 105.900 bulk liter illicit liquor has been seized from the possession of the applicant. Hence, he is not entitled for grant of bail.

4.

Heard learned counsel for the parties and perused the case diary.

-25.

Considering on the submissions made and the contents of the case diary, detention of the applicant till conclusion of the trial would not serve any purpose. Hence, for these reasons, I am of the view that the application deserves to be allowed.

6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil