Kishore Tembhurkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3577 of 2016 • Kishore Tembhurkar S/O Shri Gambheer Tembhurkar Aged About 40 Years R/O Village Bidi Colony Indira Nagar Ward No. 5, P.S. & Tahsil Dongargarh, Civil & Revenue District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sunil Sahu, Advocate For Respondent/State :

Ms. K. Tripti Rao, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 12-07-2016 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 4-6-2016 in connection with Crime No. 66 of 2015, registered at Police Station Dongargarh, District Rajnandgaon (CG) 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 16.560 liters and he was arrested on 4-6-2016.

3.

Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in the case and he is in jail since 4-6-2016 and charge-sheet in this case has been filed, therefore, he may be released on bail.

4. On the other hand, 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.

I have heard learned counsel for the parties and have also perused the case diary and the documents.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 16.560 liters, offence is triable by the JMFC, charge-sheet in this case has bee filed and the applicant is in jail since 4-6-2016, this court is inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju