Than Singh Sahu @ Banti vs State Of Chhattisgarh

Arvind Singh Chandel, J

The matter is heard through Video Conferencing.

Heard on admission.

Admit.

Since, case diary is available with the learned State Counsel, matter is heard finally.

The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with

Crime No. 90/2021, registered at Police Station - Outpost Surgi, Police Station Basantpur, District Rajnandgaon (C.G.) for the offence punishable

under Section 34 (2) of CG Excise Act.

As per the prosecution story, on 21.02.2021, on the basis of information received from informant, police personnels searched a vehicle bearing

registration No. C.G. 04 MQ 9199 and seized 50 quarters of foreign-made liquour from the possession of co-accused person namely Harsh Kumar

Sahu and Chandra Kumar Sahu. During course of investigation, on the basis of disclosure statement of co- accused person, allegedly, 9 bulk liter of

foreign-made liquour was sezied from the possession of present applicant on 01.4.2021. He is arrested on 01.4.2021 and since then, he is in jail.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further

submits that there is no direct allegation against present applicant. Applicant is in custody since 01.04.2021, charge-sheet has been filed and trial will

take some time. Therefore, it is prayed that, he may be released on bail.

Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that there are two previous antecedent against

applicant.

I have heard learned Counsel for the parties.

10.Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the detention period of the

applicant and the fact that the applicant is in custody since 01.04.2021 and trial is likely to take some time, without further commenting on merits of the

case, I am inclined to release him on bail.

Accordingly, the bail application is allowed.

12.It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like

amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.