Rajendra Chandra Singh Samant, J
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has
been arrested in connection with Crime No.64 of 2016, registered at Police Station Sankara, District - Mahasamund, Chhattisgarh for the offence
punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 18 bulk liters and he was arrested on
22.8.2019.
3. Learned counsel for the applicant submits that the applicant is in jail since 22.8.2019 and the applicant has been falsely implicated in this case;
therefore, he may be released on bail.
4. On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, he would submit that as per the information received
from the concerned SHO, the applicant has history of criminal record having one case registered against him for the offence under Section 34A of the
Excise Act. Hence, the applicant is not entitled for grant of bail.
5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 18 bulk liters; offence is triable by the
JMFC and the applicant is in jail since 22.8.2019, this Court is inclined to release the applicant on bail.
6. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
7. It is directed that the applicant shall be released on bail on furnishing a personal bond in the 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. In case any default is committed by the applicant/s in appearing
before the concerned trial Court, this order granting bail shall stand cancelled automatically.
Certified copy as per rules.
