Durpatilal @ Baggad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 221 of 2016 Durpatilal @ Baggad, S/o. Uday Ram Pardhi, aged about 40 years, R/o. Baherghat, Police Station Bemetara and Village Buchidih, Police Station Berla, District Bemetara (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through District Magistrate, Bemetara, District Bemetara (C.G.) ---- Respondent For Applicant :- Mr. P.P. Sahu, Advocate For Respondent/ State :- Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 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 applicant who has been arrested in connection with Crime No. 796/2015 registered at Police Station- Bemetara, District - Bemetara (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 12.780 bulk liters and he was arrested on 21.12.2015.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 21.12.2015, 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 12.780 bulk liters offence is triable by the JMFC and the applicant is in jail since 21.12.2015, 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.

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

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh