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2012 DIGILAW 220 (CHH)

MADAN DEWAGAON v. STATE OF C. G.

2012-08-29

T.P.SHARMA

body2012
ORDER 1. The applicant has filed this application under Section 439 of the CrPC for grant of regular bail, as he is in custody in connection with Crime No.218/2012, registered at Police Station Kharora, Distt. Raipur, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 2. I have heard learned counsel for the parties and perused the case diary. 3. Learned counsel for the applicant submits that this is the first bail application filed on behalf of the applicant for grant of regular bail. No other application of this nature is pending before this Court or before the Court below. The application is duly supported by the affidavit of Basant Dewangan, son of the applicant. 4. Learned counsel for the applicant further submits that the applicant has not committed any offence, he has been falsely implicated in the crime in question and he is in custody since 4-7-2012. Learned counsel also submits that though the applicant is having two previous criminal antecedents relating to commission of excise offence first of the year 1996 and second of the year 2008, in the case relating to the year 2008 i.e. Criminal Case No. 1023/2010, he has been released on bail by the trial Court on 21-7-2008. The applicant was in possession of 88 quarters of liquor. 5. On the other hand, learned State counsel opposes the application. 6. Considering aforesaid facts i.e. first criminal case relating to the year 1996 and the second case in which the applicant has been admitted to bail, I do not find any ground for refusal of bail to the applicant. Accordingly, the application is allowed. 7. It is, therefore, directed that if the applicant furnishes personal bond of Rs. 10,000/- with a solvent surety in the like sum to the satisfaction of the Judicial Magistrate First Class, Raipur, for his regular appearance before it as and when directed, he shall be released on bail. 8. At the time of accepting bail bond, the Court concerned shall minutely verify that whether any bail application of the applicant has been decided previously by the High Court or the Supreme Court and in case the Court finds that previous bail application has been decided, the order shall automatically stand cancelled. The Court concerned shall also submit compliance report within 15 days of its compliance to the Registry of this Court. Bail Granted.