Chhannuram Mandavi v. State Of Chhattisgarh

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

of 2016 Chhannuram Mandavi, S/o. Jhaduram Mandavi, Aged About 39 Years, R/o. Gadagauri, P.S. Charama, District Kanker, Chhattisgarh, Civil & Revenue District Kanker.

---- Applicant

Versus

State Of Chhattisgarh, Through the Station In-Charge, Police Station Kanker, District Kanker, Chhattisgarh ---- Respondent For Applicant :

Mr. Sandeep Shrivastava, Advocate.

For Respondent/State :

Mr. Ashish Shukla, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 1 8 /05/2016 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.92/2016 registered at Police Station- Kanker, District Kanker (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 17.28 bulk liters and he was arrested on 03.03.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 03.03.2016; 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.

Page No.2 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 17.28 bulk liters; offence is triable by the JMFC and the applicant is in jail since 03.03.2016, 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.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Vacation Judge Ashok