Rajesh @ Raja vs State Of Chhattisgarh

Prashant Kumar Mishra, ACJ

Heard

The applicant has preferred this application filed under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with crime No.179/2019 registered in Police Station Excise Circle Baloda bazaar, Distt.- Baloda Bazar- Bhatapara (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

The allegation against the applicant is that he is in possession of 15 bulk liters of country made liquor and 7000 Kg of Mahua Lahan.

Learned State counsel would submit that applicant has criminal antecedent of committing offences under Section 147, 186, 332, 342, 353, 506 part II of I.P.C. in the year 1996.

Considering the fact that the antecedent is more than 23 years old and in the present case the applicant is in jail since 24.03.2019, as also for the fact that only 15 bulk liters of country made Mahua liquor and 7,000 Kg of Mahua lahan together with manufacturing articles have been recovered from the applicant, this Court is inclined to release him on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

It is made clear that if the applicant is found to commit similar offence in future during pendency of the trial, the bail granted to him shall stand canceled automatically without further reference to the Bench and in that event the trial Court shall direct that the petitioner be arrested for this offence.