Nilkanth Verma v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 177 of 2016

1. Nilkanth Verma, S/o. Chovaram Verma, aged about 32 years,

2. Dilip Thakur, S/o. Shankar Lal Thakur, aged about 27 years (Mention as description given on behalf of applicant) Both R/o. Village Aamapendri, Tahsil - Patan, P.S. Patan, District -Durg (C.G.) ---- Applicants

Versus

The State of Chhattisgarh, Through: P.S. Patan, District - Durg (C.G.) ---- Respondent For Applicants :

Smt. Kiran Jain, Advocate For Respondent :

Mr. Ashutosh Pandey, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 27/01/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.215/2015 registered at Police Station- Patan, District - Durg (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 11.520 bulk liters and they were arrested on 22.12.2015.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 22.12.2015; therefore, they may be released on bail.

Page No.2 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 applicants have 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 11.520 bulk liters; offence is triable by the JMFC and the applicant is in jail since 22.12.2015, this Court is inclined to release the applicants on bail.

6.

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

7.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

8.

It is made clear that if the applicants are found to be involved in similar offence again, this order granting bail to the applicants shall automatically stand canceled without reference to the Court and the concerned police shall be at liberty to re-arrest the applicants in this case also, after informing the concerned Judicial Magistrate where trial is pending.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram