Bhagwat Prasad v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8742 of 2018 • Bhagwat Prasad S/o Nand Lal Rathore, Aged About 50 Years, R/o Village Kera Road, Janjgir, Tah. & P.S. Janjgir, District Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Excise Circle Janjgir, District JanjgirChampa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Non-applicant For Applicant - Shri Ravindra Sharma, Advocate. For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 22-11-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 26-10-2018 in connection with Crime No.66/2018 registered at P.S. Excise Circle Janjgir, District Janjgir-Champa, Chhattisgarh for the offence under Section 34(2), 59(a) of 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 26-10-2018. Hence, he may be released on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 5.40 bulk liter illicit liquor has been seized from the possession of the applicant. Also, there are two previous cases under Section 36 of the Excise Act registered against this applicant. Hence, he is not entitled for grant of bail.

4.

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

Considered on the submissions made and the contents of the case diary. Though two cases under the provisions of the Excise Act have been

-2reported against the applicant, but conviction or acquittal in those cases has not been reported, further, in the present matter detention of the applicant till conclusion of the 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. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil