NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3172 of 2021

 Than Singh Sahu @ Banti, S/o Meghnath Sahu, Aged About 27 Years,

Resident of Ranitarai, Ward No. 08, Police Station Devri, District Balod,

Chhattisgarh.

---- Applicant

Versus

 State of Chhattisgarh, Through The Incharge, Outpost Surgi, Police Station

Basantpur, District Rajnandgaon, Chhattisgarh.

---- Respondent

_____________________________________________________________

For Applicant

: Mr. Sangeet Kumar Kushwaha, Advocate.

For Respondent/State

: Ms. Hamida Siddiqui, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel

Order On Board

28.05.2021

1. The matter is heard through Video Conferencing.

2. Heard on admission.

3. Admit.

4. Since, case diary is available with the learned State Counsel, matter is

heard finally.

5. The Applicant has preferred this first bail application under Section

439 of Cr.P.C. for grant of regular bail as he is arrested in connection

with Crime No. 90/2021, registered at Police Station –

Outpost Surgi, Police Station Basantpur, District Rajnandgaon (C.G.) for

the offence punishable under Section 34 (2) of CG Excise Act.

6. As per the prosecution story, on 21.02.2021, on the basis of

information received from informant, police personnels searched a

vehicle bearing registration No. C.G. 04 MQ 9199 and seized 50

quarters of foreign-made liquour from the possession of co-accused

person namely Harsh Kumar Sahu and Chandra Kumar Sahu. During

course of investigation, on the basis of disclosure statement of co-

accused person, allegedly, 9 bulk liter of foreign-made liquour was

sezied from the possession of present applicant on 01.4.2021. He is

arrested on 01.4.2021 and since then, he is in jail.

7. 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 there is no direct allegation against present

applicant. Applicant is in custody since 01.04.2021, charge-sheet has

been filed and trial will take some time. Therefore, it is prayed that, he

may be released on bail.

8. Per contra, learned counsel appearing on behalf of the State opposes

the bail application and submits that there are two previous

antecedent against applicant.

9. I have heard learned Counsel for the parties.

10.Considering the facts and circumstances of the case, the evidence

collected by the prosecution and further considering the detention

period of the applicant and the fact that the applicant is in custody

since 01.04.2021 and trial is likely to take some time, without further

commenting on merits of the case, I am inclined to release him on bail.

11. Accordingly, the bail application is allowed.

12.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

Prakash