Lalit Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2768 of 2016 Lalit Kumar S/O Late Kunwar Singh Satnami Aged About 30 Years R/O. Village Belhari, P.S. Ranitarai, District Durg Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through : The District Magistrate, Durg, District Durg Chhattisgarh ---- Respondent For Applicant :

Mr. Praveen K. Dhurandhar, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/06/2016 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. 45/2016 registered at Police Station- Ranitarai, Distt. Durg (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 8.100 bulk liters and he was arrested on 17.03.2016.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 17.03.2016. He further submits that the charge sheet in this has been filed; 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 8.100 bulk liters; offence is triable by the JMFC and the charge sheet has been filed and the applicant is in jail since 17.03.2016, 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.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh