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Judgment
15 paragraphs · 250 wordsRajendra Chandra Singh Samant, J
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.
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.
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.
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.
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.
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.
Certified copy as per rules.
