Banshilal Dewangan v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. NO. 2774 OF 2016 Banshilal Dewangan, S/o Ramprasad Dewangan, aged about 56 years, R/o Jailpara Dharamjaigarh, Tahsil- Dharamjaigarh, Civil and Revenue District- Raigarh (C.G.) ... Applicant

Versus

State of Chhattisgarh, through Police Station Dharamjaigarh, Distt. Raigarh (C.G.) ... Non-applicant For Applicant :

Mr. Sanjay Agrawal, Advocate.

For Non-applicant/State :

Mr. Gary Mukhopadhyay, Dy. Govt.

Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09/06/2016 1.

This is the first application filed under Section 439 of CrPC for grant of bail to the Applicant who is in jail since 20.2.2016 in connection with Crime No. 71/2016 registered at Police Station- Dharamjaigarh, District Raigarh, for the offence punishable under Section 34(2)(a) of the Chhattisgarh Excise Act.

2.

As per the prosecution, on search being made, total 10 liters of country made liquor was seized from unlawful possession of the Applicant on 20.2.2016 and therefore he has been charged with the offence punishable under Section 34(2)(a) of the Chhattisgarh Excise Act and has been arrested on 20.2.2016 itself.

3.

Learned counsel for Applicant submits that the Applicant is innocent, he has been falsely implicated in the instant case and no liquor has been seized from his absolute possession. He further submits that the Applicant is in judicial custody since 20.2.2016 and that this is the first time where the Applicant has been implicated under the Excise Act and

-2therefore taking into consideration all these facts he may be enlarged on bail.

4.

Opposing the bail application, learned Counsel for the State submits that the Applicant was found to be in unlawful possession of 10 liters of liquor and therefore he may not be enlarged on bail. 5.

Without commenting on merits, considering the totality of the facts and circumstances of the case, the quantity of liquor seized and also considering the fact that the Applicant is in detention since 20.2.2016, this Court is of the opinion that the present is a fit case where the Applicant can be enlarged on bail.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.

Sd/- (P. Sam Koshy) /sharad/ V. Judge