Gangaram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.

Gangaram S/o Late Malik Ram Aged About 52 Years R/o Sagarpara, Chhuri, Thana/ Tahsil - Katghora, Rev./ Civil Distt. Korba Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, P.S. Excise Circle Darri Gevra, Rev./ Civil Distt. Korba Chhattisgarh. -----Respondent For Applicant : Shri Samir Singh, Advocate.

For Respondent : Shri Vivek Sharma, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 07.06.2016

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.10/2016 registered at Police Station Excise Circle Darri Gevra, District - Korba (C.G.), for the offence punishable under Sections 34(1), 34(2) and 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 18 bulk liters of illicit country made liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 19.04.2016. He further submits that applicant has been falsely implicated in the case, and therefore, the applicant may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application and submits that there are past criminal antecedents against the present Applicant in as much as there are 3 criminal cases pending against the

Applicant.

5. On verification it has been found two cases are under Section 107 & 116 of Cr.P.C. and only one case is under Section 36 of the Excise Act.

6. Without commenting on merits, considering the totality of the facts and circumstances of the case, small quantity of liquor and also considering the fact that the applicant is in detention since 19.04.2016, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- with One surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9. Certified copy as per rules.

Sd/- (P. Sam Koshy) V. JUDGE kishore