High CourtsSingle Bench

Balaram vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 19 May 2021 · Citation: (2021) 05 CHH CK 0104

HON’BLE JUDGES
Rajendra Chandra Singh Samant, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Chhattisgarh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 2210 Of 2021
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Judgment

15 paragraphs · 250 words

Rajendra Chandra Singh Samant, J

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested in connection with Crime No.407/2020, registered at Police Station- Saraypali, District- Mahasamund, (C.G.) for the offence punishable

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

2.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 08.11.2020, there is no

case against the applicant. Charge-sheet has been filed. Therefore, he may be released on bail.

3.

Learned State counsel opposes the submissions made by the learned counsel for the applicant and submits that there is clear evidence regarding

commission of offence against this applicant. Therefore, this application may be rejected.

4.

According to the prosecution case, there is 115.00 bulk liters hand made liquor which was seized from the possession of this application. Hence, this

case.

5.

Considered on the submissions. As the charge-sheet has been filed, the case is now pending for trial, I feel inclined to allow this application.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his

furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance

as and when directed.

7.

Certified copy as per rules.