High Court Of ChhattisgarhMCRC/4671/2016allowed

Ram Chand v. State Of Chhattisgarh

2016-08-19Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4671 of 2016 Ram Chand, S/o. Shri Sadhu Ram Mochi, Aged About 48 Years, R/o. Vill. Margaon, Police Station & Tahsil Dongargaon, District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through District Magistrate, Rajnandgaon, Chhattisgarh.

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

Mr. Shashi Bhushan Tiwari, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19/08/2016 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. 88/2016 registered at - Police Station - Excise Circle Ambagarh Chowki, District Rajnandgaon (C.G.) for the offence punishable under Sections 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 5.220 bulk liters and he was arrested on 13.07.2016.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 13.07.2016, therefore, he may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.220 bulk liters; offence is triable by the JMFC and the applicant is in jail since 13.07.2016, 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