High Court Of ChhattisgarhMCRC/9604/2018allowed

Lekhram @ Ledva v. State Of Chhattisgarh

2019-01-04Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9604 of 2018 • Lekhram @ Ledva S/o Shri Gaukaran Shrivas Aged About 28 Years R/o Shanti Nagar, Pathariya, Police Station And Tahsil Pathariya, District - Mungeli Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Pathariya, District - Mungeli Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Aditya Tiwari, Advocate.

For Respondent/State : Shri Bhaskar Payashi, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 04/01/2019

1. The Applicant has preferred this second bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 316/2018, registered at Police Station - Pathariya, District Mungeli (C.G.) for the offence punishable under Section 34 (1), 34 (2) & 59 (A) of the C.G. Excise Act.

2. First bail was dismissed as withdrawn vide order dated 04.09.2018 passed in M.Cr.C. No. 6080/2018.

3. As per prosecution story, on 03.08.2018, on the basis of information received from an informant, police personnels searched the Applicant and total 6.480 bulk litres of country made liquor has been seized from his possession and he has been arrested on 03.08.2018.

4. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that the Applicant is in custody since 03.08.2018, charge-sheet has already filed and trial will take some time. Therefore,

he may be released on bail.

5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that the applicant has three previous criminal record, therefore, he may not be released on bail.

6. I have heard learned Counsel for the parties and perused the case diary with due care.

7. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 03.08.2018, charge-sheet has already filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

8. Accordingly, the bail application is allowed.

9. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham