High Court Of ChhattisgarhMCRC/4059/2016allowed

Santosh Ratre v. State Of Chhattisgarh

2016-07-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4059 of 2016 Santosh Ratre, S/o Bavaram Ratre, Aged About 50 Years, R/o Village Khaparidih Khurd, Police Station- Kharora, District Raipur Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh Through Its Police Station Kharora, District Raipur Civil- Rev. District Raipur Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------------ For Applicant :

Mr. B.L. Sahu, Advocate For Respondent/State :

Mr. Vinod Takam, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 26 /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. 183/2016 registered at - Police Station Kharora, District Raipur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 35.57 bulk liters and he was arrested on 29.05.2016.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 29.05.2016, therefore, he 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, earlier no case under section 34(2) of Chhattisgarh Excise Act is registered.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 35.57 bulk liters; offence is triable by the JMFC and the applicant is in jail since 29.05.2016, 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 Santosh