Sovindram Rautiya v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3891 of 2017 Sovindram Rautiya S/o Shri Karan Singh Rautiya Aged About 45 Years Occupation- Labour, R/o Village- Bhuikurri, Post- Saraipali, Police StationPunjipathara, District- Raigarh, Chhattisgarh. ------Applicant

Versus

The State of Chhattisgarh Through The Officer In Charge Of Police StationPunjipathara, District Raigarh, Chhattisgarh. ------Respondent For Applicant : Shri Roop Naik, Advocate.

For Respondent : Shri Avinash K Mishra, Panel Lawyer for the State. Hon'ble Shri Justice Anil Kumar Shukla Order On Board On 31.05.2017.

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.46/2017 registered at Police Station Punjipathra, District Raigarh, for the offence punishable under Sections 34(1)(2)(a) and 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 6 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 12.05.2017. He further submits that applicant has no criminal background and has been falsely implicated in the case, and therefore, the applicant may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. I have heard the counsel appearing for the parties.

6. Without commenting on merits, considering the totality of the facts and circumstances of the case; small quantity of liquor and also considering the fact that the applicant is in detention since 12.05.2017, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

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

8. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with two sureties in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9. Certified copy as per rules.

Sd/- (Anil Kumar Shukla) V. JUDGE inder