MCRC/8199/2020 of RAMKHILAWAN SAHU Vs STATE OF CHHATTISGARH on 23 December 2020

1. Heard on the application filed under Section 439 of the Cr.P.C.This isfirst bail application before this Court filed by the applicantfor grant of regularbail. The applicant has been arrested on15.10.2020 in connection with CrimeNo.36/2019 registered atP.S.-Excise Circle Pendra, District Gourela-Pendra-Marwahi,Chhattisgarh for theoffence under Section 34(a), 34 (2), 59(2)(a) of the CG. Excise Act.This isfirst bail application before this Court filed by the applicantfor grant of regularbail. The applicant has been arrested on15.10.2020 in connection with CrimeNo.36/2019 registered atP.S.-Excise Circle Pendra, District Gourela-Pendra-Marwahi,Chhattisgarh for theoffence under Section 34(a), 34 (2), 59(2)(a) of the CG. Excise Act.

2. It is submitted on behalf of the applicant that the applicant hasbeenfalsely implicated in this case. He is in custody since15.10.2020. Hence, it isprayed that the applicant may bereleased on regular bail.beenfalsely implicated in this case. He is in custody since15.10.2020. Hence, it isprayed that the applicant may bereleased on regular bail.

3. Learned counsel for the State/non-applicant opposes theapplication and submission. It is submitted that in total 97.92 bulkliter illicit liquor hasbeen seized from the possession of theaccused. Hence, he is not entitled for grant of bail.application and submission. It is submitted that in total 97.92 bulkliter illicit liquor hasbeen seized from the possession of theaccused. Hence, he is not entitled for grant of bail.

4. Heard learned counsel for both the parties and perused the casediary.diary.

5. Considering on the submissions made and the contents of thecasediary, detention of the applicant till conclusion of the trialwould not serve any purpose. Hence, for these reasons, I am ofthe view that the applicationdeserves to be allowed.casediary, detention of the applicant till conclusion of the trialwould not serve any purpose. Hence, for these reasons, I am ofthe view that the applicationdeserves to be allowed.

6. Consequently, this application filed by the applicant underSection 439of the Cr.P.C. for grant of regular bail is herebyallowed. It is directed that theapplicant shall be released on bailon his furnishing a personal bond in the sumof Rs.25,000/- withone surety in the like sum to the satisfaction of theconcernedCourt, for his appearance as and when directed.Section 439of the Cr.P.C. for grant of regular bail is herebyallowed. It is directed that theapplicant shall be released on bailon his furnishing a personal bond in the sumof Rs.25,000/- withone surety in the like sum to the satisfaction of theconcernedCourt, for his appearance as and when directed.

7. Certified copy as per rules.

Nadim

Sd/-

(Rajendra Chandra Singh Samant)JudgeJudge