High Court Of ChhattisgarhMCRC/4586/2016allowed

Gopal Banjare v. State Of Chhattisgarh

2016-08-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4586 of 2016 Gopal Banjare, S/o. Bhagela Banjare, Aged About 29 Years, Cast - Satnami, Occupation - Agriculturist, R/o. Village Kampa, Police Station - Tumgaon, Tah./ District Mahasamund Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through : Station House Officer, Police Station - Tumgaon, District - Mahasamund Chhattisgarh --- Respondent ------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Vikash Pradhan, Advocate For Respondent/State :

Mr. Vinod Tekam, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/08/2016 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. 122/2016 registered at - Police Station - Tumgaon, District Mahasamund (C.G.) for the offence punishable under Section 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 9.180 bulk liters and he was arrested on 14.07.2016.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 14.07.2016, 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 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 9.180 bulk liters; offence is triable by the JMFC and the applicants are in jail since 14.07.2016, this Court is inclined to release the applicants 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 her appearance as and when directed.

Sd/- (Goutam Bhaduri) Judge Santosh