High Court Of ChhattisgarhMCRC/4344/2016allowed

Dhaniram v. State Of Chhattisgarh

2016-08-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4344 of 2016 Dhaniram, S/o Vasudeo, aged about 33 years, R/o- Village Gaurtek, Tahsil - Basna, Police Station- Basna, Civil and Revenue District Mahasamund, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh, Through- Station House Officer, Police Station, Basna, Civil and Revenue Distt. Mahasamund Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Sunil Verma, Advocate For Respondent/State :

Mr. Vivek Singhal, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 08 /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 applicant who has been arrested in connection with Crime No. 278/2015 registered at - Police Station - Basna, Civil and Revenue District Mahasamund (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 8.1 bulk liters and he was arrested on 28.06.2016.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 28.06.2016, 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, 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 8.1 bulk liters; offence is triable by the JMFC and the applicant is in jail since 28.06.2016, 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 in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Goutam Bhaduri) Judge Santosh