Kamal @ Dhanwa And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4209 of 2016

1. Kamal @ Dhanwa, S/o. Ramkumar, aged about 28 years,

2. Shiv, S/o. Bagas, by Caste-Satnami, aged about 22 years Both are R/o. Village-Telasi, Out Post :Gidpuri, Police Station : Palari, District : Baloda Bazar-Bhatapara (C.G.) ---- Applicants

Versus

The State of Chhattisgarh, Through : SHO, Police Station - Palari, District -Baloda Bazar-Bhatapara (C.G.) ---- Respondent For Applicants :

Mr. C.R. Sahu, Advocate For Respondent :

Mr. Vivek Singhal, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/08/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.251/2016, registered at Police Station- Palari, District - Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 17.28 liters and they were arrested on 25.06.2016.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 25.06.2016; therefore, they may be released on bail.

Page No.2 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, the applicants have 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 17.28 liters; offence is triable by the JMFC and the applicant is in jail since 25.06.2016, 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 applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram