Ramnarayan Sahu v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6061 of 2017 Ramnarayan Sahu, S/o. Aaskumar Sahu, Aged About 20 Years, R/o. Village Bhainsa, Post Office & Police Station -Kharora, District -Raipur Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh, Through : Station House Officer, Police Station Kharora, District -Raipur, Chhattisgarh.
---- Respondent For Applicant :
Mr. Shivendu Pandya, Advocate For Respondent :
Mr. Arvind Shukla, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/11/2017 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. 237/2017, registered at Police Station- Kharora, District - Raipur (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 5.400 liters and he was arrested on 14.08.2017.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 14.08.2017; 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
Page No.2 offence.
5.
Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.400 liters; offence is triable by the JMFC and the applicant is in jail since 14.08.2017, 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