High Court Of ChhattisgarhMCRC/2692/2016allowed

Nilkanth v. State Of Chhattisgarh

2016-06-06Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.2692 of 2016 • Nilkant S/o. Dayaram Kurre, aged about 25 years, R/o. Village Senbhata, Thana Bagbahara, Tahsil Bagbahara, District Mahasamund (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bagbahara, District Mahasamund (CG) ---- Respondent For Applicant : Shri Vikash Pradhan, Advocate.

For Respondent : Shri Adhiraj Surana, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 06.06.2016

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.59/2016 registered at Police Station Bagbahara, Distt. Mahasamund (CG) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 06 bulk liters of illicit country made liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 19.4.2016 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, quantity of liquor and also considering the fact that the applicant is in detention since 19.4.2016 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/- (P. Sam Koshy) V. JUDGE Bini