Gabbar Nishad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3619 of 2016 Gabbar Nishad, S/o. Kriparam Nishad, Aged About 19 Years, R/o. Prabhat Talkies, Near Water Tank, Ganjpara, Raipur, Post Office Raipur, Police Station Raipur, Tahsil & District Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Excise Circle Moudhapara, District Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 14/07/2016 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 in connection with Crime No.157/2016 registered at Police Station- Excise Circle Moudhapara, District Raipur (C.G.) for the offence punishable under Section 34(2) of the Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 6.84 bulk liters and he was arrested on 28.05.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 28.05.2016; therefore, he may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information received

from the concerned SHO, the applicant has 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 6.84 bulk liters, offence is triable by the JMFC and the applicant is in jail since 28.05.2016, 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 in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok