Uttra Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 568 of 2018 Uttra Kumar, S/o. Gautam Yadav, Aged About 26 Years, R/o. Village Kauha Junwani, P.S. Saliha, District -Baloda Bazar, Bhatapara Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The (Station House Office) Police Station Saliha, District Baloda Bazar Bhatapara Chhattisgarh. ---- Respondent For Applicant :

Mr. Suresh Kumar Verma, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/02/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 4/2018, registered at Police Station- Saliha, District - Baloda Bazar - Bhatapara (C.G.) 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 50 bulk liters and he was arrested on 05.01.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 05.01.2018; therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 50 liters; offence is triable by the JMFC and the applicant is in jail since 05.01.2018, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram