Ganesh Prasad Thakur And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3199 of 2016
1. Ganesh Prasad Thakur, S/o Atmaram Thakur, Aged About 26 Years, R/o Village Haldi, Police Station- Gunderdehi, District Balod Chhattisgarh
2. Ravi Prasad Thakur, S/o Motiram Thakur, Aged About 32 Years, R/o Village Haldi, Police Station - Gunderdehi, District Balod Chhattisgarh ---- Applicants
Versus
State of Chhattisgarh Through : Station House Officer, Police Station Gurur, District - Balod Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicants :
Mr. B.P. Singh, Advocate For Respondent/State :
Ms. K. Tripti Rao, Panel Lawyer, ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/06/2016 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 337/2016 registered at Police Station- Gurur, District- Balod, District -Balod (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.
2. The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 8.640 bulk liters and they were arrested on 09.05.2016.
3.
Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and the applicants are in jail since 09.05.2016, therefore, they 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 applicants have 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 8.640 bulk liters; offence is triable by the JMFC and the applicant is in jail since 09.05.2016, 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 each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.
Sd/- (Goutam Bhaduri) Judge Santosh