Shyam Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5006 of 2016 Shyam Singh, S/o. Ganpat Singh, Aged About 28 Years, R/o. Range Office Road, Surajpur, P.S., Tahsil And District Surajpur Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Surajpur, District Surajpur Chhattisgarh.

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

Mr. Anil Gulati, Advocate For Respondent/State :

Mr. Sumit Jhanwar, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/08/2016 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. 331/2016 (wrongly mentioned as Criminal Case No. 331/2016 in the certified copy) registered at Police Station - Surajpur, District- Surajpur (C.G.) for the offence punishable under Sections 34(2) & 36 of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 17 bulk liters and he was arrested on 30.07.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 30.07.2016, 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 17 bulk liters; offence is triable by the JMFC and the applicant is in jail since 30.07.2016, 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