Raju Singh vs State Of Chhattisgarh
2021 Latest Caselaw 145 Chatt

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                                                                   NAFR
         HIGH COURT OF CHHATTISGARH, BILASPUR
                        MCRC No. 3273 of 2021
    Raju Singh S/o Shri Ram Singh Aged About 22 Years R/o Village
     Sakalo, P.S. Gandhinagar, (Ambikapur Dehat), District - Surguja
     (C.G.).                                         ---- Applicant
                               Versus
    State Of Chhattisgarh Through P.S. Incharge P.S. Gandhinagar
     (Ambikapur Dehat), District Surguja (C.G.) ---- Non-Applicant
_______________________________________________________________
For Applicant:                   : Ms. Soniya Kuldeep, Advocate.
For the state/Non-Applicant:     : Shri Vikram Sharma, Dy. G.A.


          Single Bench:Hon'ble Shri Sanjay S. Agrawal, J
                      CAV Judgment order
28.05.2021
   1.

This is the first bail application filed by the applicant under

Section 439 of the Code of Criminal Procedure, 1973,

(hereinafter referred to as the Cr. P.C.), seeking grant of regular

bail to him, as he(Raju Singh), has been arrested on 21.04.2021

in connection with Crime No.197/2021, registered at Police

Station Gandhinagar, District Surguja, for the offence punishable

under Section 34 (2) of the Chhattisgarh Excise Act.

2. According to the prosecution, 7 bulk liters handmade Mahua

liquor has been seized from the possession of the applicant and

therefore, the alleged offence has been registered against him.

3. Learned counsel for the Applicant submits that the applicant is

innocent and has been falsely implicated in connection with the

said crime, as the said article has not been recovered from his

exclusive possession. It is contended further that since there is

no past criminal record of the applicant therefore, he may be

enlarged on bail with regard to the offence which is triable by the

Judicial Magistrate First Class.

4. On the other hand, learned counsel appearing for the State/Non-

Applicant has opposed the bail application.

5. I have heard learned counsel appearing for the parties and

perused the case diary carefully.

6. Having considered the facts and circumstances of the case and

considering further the length of pre-trial detention of the

applicant with regard to the offence triable by the Judicial

Magistrate First Class, I am inclined to enlarge the applicant on

bail.

7. Accordingly, the bail application filed under Section 439 of the

Cr.P.C. is hereby allowed and it is directed that the applicant shall

be released on bail on furnishing a personal bond in sum of

Rs.25,000/- with one local surety in the like sum to the

satisfaction of the concerned trial Court. He is directed to appear

before the trial Court on each and every date given to him by the

said Court.

Sd/-

(Sanjay S.Agrawal)

VACATION JUDGE

vivek