High CourtsSingle Bench

Gobind Patel vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 7 May 2020 · Citation: (2020) 05 CHH CK 0038

HON’BLE JUDGES
Ram Prasanna Sharma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Chhattisgarh Excise Act, 1915 — Section 34(2), 59(A)
RESULT
Allowed
CASE NUMBER
Misc. Criminal Case No. 2436 Of 2020
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Judgment

16 paragraphs · 254 words

Ram Prasanna Sharma, J

1.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with

crime No.69/2020 registered at Police Station Kotra Road, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the

Chhattisgarh Excise Act.

2.

Case of the prosecution, in brief, is that 13 bulk liters of illicit liquor was seized by the police from the present applicant.

3.

Learned counsel for the applicant submits that the applicant is in detention since 17.4.2020. He further submits that applicant has been falsely

implicated in the case, therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard the counsel appearing for the parties.

6.

Without commenting on merits, considering the totality of the facts and circumstances of the case, quantity of liquor and also considering the fact

that the applicant is in detention since 17.4.2020 this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on

regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- with one surety in the like sum to the

satisfaction of the concerned Court for his appearance as and when directed.

Certified copy as per rules.