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High Court Of ChhattisgarhMCRC/4895/2016allowed

Akash Uke v. State Of Chhattisgarh

2016-08-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4895 of 2016 Akash Uke, S/o. Arjun Uke, Aged About 23 Years, R/o. Village Bandha Bazar, Tahsil and Police Stationn Ambagarh Chowki, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Ambagarh Chowki, District Rajnandgaon Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Avinash Chand Sahu, Advocate For Respondent/State :

Mr. Vinod Tekam, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/08/2016 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. 132/2016 registered at - Police Station - Ambagarh Chowki District Rajnandgaon (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 16.92 liters and he was arrested on 19.07.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 19.07.2016, 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 16.92 liters; offence is triable by the JMFC and the applicant is in jail since 19.07.2016, 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