Rajesh (In Jail) vs State of Chhattisgarh

Sunil Kumar Sinha, J.—Heard.

This is an application filed u/s 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, -who has been arrested in connection with Crime No. 713/2002, registered at Police Station (Excise) Supela Durg, Distt, Durg (C.G) for; the offence punishable u/s 34 of the Excise Act.

The case of the prosecution is that the applicant was on bail in the aforesaid criminal case. He was attending the trial court. He remained absent on 08.1.2004 and thereafter he continued to remain absent for a very long period and was ultimately arrested on 27.12.2005 and since then he is in jail custody.

Learned counsel for the applicant submits that undoubtedly the applicant committed a default and he remained absent for a very long period. Now he has been arrested on 27.12.2005 and as such he remained in jail for a reasonably long period which should be considered by this Court. He prays for releasing the applicant on bail by giving one more chance to him.

This prayer is opposed by learned Counsel for the State.

Considering the facts and circumstances of this case particularly, considering the period of detention of the applicant after his arrest on 27.12.2005 and also considering that the matter relates to the illicit liquor ampuniting to 3.60 bulk liters, as stated by learned Counsel for the applicant. I am of the opinion that present is a fit case in which the applicant should be given one more chance.

His application filed u/s 439 of Cr.P.C. is allowed.

It is directed that the applicant shall be released on bail-on his furnishing a personal bond in sum of Rs. 10,000/- but now with two sureties in the like amount to the satisfaction of the Trial Court for his appearance before the said Court till disposal of the trial.

C.C. as per rules.