Murlidhar v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3222 of 2016

1. Murlidhar, S/o. Dwarika Prasad, aged about 40 years, R/o. Thakurpali, Police Station Dabhra, District- Janjgir-Champa (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Station House Officer, Police Station - Dabhra, District - Janjgir-Champa (Chhattisgarh) ---- Respondent For Applicant : Mr. Sudip Agrawal, Advocate For Respondent/State : Ms. Sunita Jain, 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, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.148/2016, registered at Police Station - Dabhra, District - Janjgir-Champa (C.G.) for the offence punishable under Section 420 of Indian Penal Code, Section 63 of Copyright Act and 68 and 69 Inde & Marketine Act. 2.

Case of the prosecution, in brief, is that the applicant was found in selling GTX and Active Engine Oil by fixing the false batch number and level in the shop. Thereby the offence has been committed. 3.

Learned counsel for the applicant submits that applicant has purchased the said castrol oil from Gurunanak Auto Parts, Raigarh, who was authorized for sale of castrol oil and no investigation is made in this regard and the value of the oil was Rs.8100/-

Page No.2 approximately. It is further submitted that the applicant is in jail since 30.04.2016, therefore, the counsel prays that applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties. 6.

Perused the case diary and the documents. Considering the facts and circumstances of the case, the nature of offence and the degree of allegation levelled against this applicant and further considering the fact that the applicant is in jail since 30.04.2016, this Court is of the opinion that present is a 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 applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram