Sandeep Kumar Saw v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 227 of 2018 • Sandeep Kumar Saw Son Of Munarik Saw Aged About 31 Years R/o Village Jharha, Thana Nodiha Bazar, District Palamu Jharkhand, At Present Resident Of Village Syamnagar, Sankara, Thana Sankara, District Mahasamund, Chhattisgarh., Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sankara, District Mahasamund, Chhattisgarh., Chhattisgarh ---- Respondent For Applicant :

Shri Vikash Pradhan, Advocate.

For Non-applicant/State :

Shri Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 15-02-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for grant of regular bail. The applicant has been arrested on 15-12-2017 in connection with Crime No.174/2017 registered at P.S. - Sankara, District Mahasamund, Chhattisgarh, for the offence under Section 34(2) of the C.G. Excise Act. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in custody since 15-12-2017. Hence, he may be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 5.580 bulk liters illicit liquor has been seized from the possession of the applicant. Also, against this applicant one previous cases under the CG Excise Act is registered. Hence, he is not entitled for grant of bail.

4.

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

Considered the submissions made and the contents of the case diary.

-2Though there are one previous case registered against this applicant, but conviction or acquittal of the applicant has not been reported, further in the present matter detention of the applicant till completion of investigation and trial would not serve any purpose. Hence, for these reasons 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. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha