Videshi Baghel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3468 of 2016 Videshi Baghel S/o Phool Singh Baghel, aged about 26 years, R/o village Darbakhapri, Police Station & Tehsil Chhuikhadan, Distt. Rajnandgaon (CG). APPLICANT

Versus

State of Chhattisgarh through Station House Officer, Police Station Chhuikhadan, District Rajnandgaon (CG) (as per remand form). RESPONDENT For Applicant : Shri Abhishek Sharma, Advocate.

For Respondent/State : Shri Adhiraj Surana, Deputy Govt. Advocate. Hon'ble Shri Justice P. Sam Koshy Order On Board 09.06.2016

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.109/2016 registered at Police Station Chhuikhadan, Distt. Rajnandgaon, for the offence punishable under Sections 34(1)(F) and 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that the applicant was found in possession of 8 bulk liters of illicit liquor.

3. Learned counsel for the applicant submits that the applicant is in detention since 14.05.2016. He further submits that he 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, more particularly the applicant was found in possession of small quantity of liquor also considering the fact that the applicant is in detention since 14.05.2016 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.20,000/- with one surety 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 inder