High CourtsSingle Bench

MANISH ALIAS MANESH BANJARE vs STATE OF CHHATTISGARH

Chhattisgarh High Court · Decided on 27 March 2018 · Citation: (2018) 03 CHH CK 0302

HON’BLE JUDGES
GOUTAM BHADURI
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Essential Commodities Act 1955 — Section 3, 7
RESULT
Allowed
CASE NUMBER
MCRC No. 698, 873 of 2018

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Judgment

16 paragraphs · 324 words
1.

Both these bail applications are decided together as they are arising out of the same crime number.

2.

These are the First Bail Applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants in

connection with Crime No. 26/2017 registered at Police Station Taregaon Jangal, Distt. Kabeerdham (CG) for the offence punishable under Sections

3 & 7 of the Essential Commodities Act.

3.

As per the prosecution case, on an information received on 06.12.2017 a raid was conducted and four packets of rice were recovered from a

pickup bearing No.MP 51 G 0542 and it is alleged that the said rice was meant for distribution and consumption in the Boys Hostel and was delivered

by fair price shop. As such the offence has been committed.

4.

Learned counsel for the applicants submits that total 21 quintal were procured from the fair price shop and on physical verification which was

obtained on 09.12.2017 would show that entire 41 bags were present. He would further submit that the charge-sheet in this case has been filed and no

further investigation is necessary and the applicants are in jail since 06.12.2017, therefore, the applicants may be released on bail.

5.

Per contra, learned State counsel opposes the prayer for grant of bail.

6.

Considering the entire facts of this case also taking into the nature of allegations and also that the charge-sheet in this case has been filed and the

applicants are in jail since 06.12.2017, I am inclined to release the applicant on bail.

7.

Accordingly, both the bail applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond

in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each

and every date given by the said Court.