High Court Of ChhattisgarhMCRC/5806/2016allowed

Ramdev Verma v. State Of Chhattisgarh

2016-09-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5806 of 2016 • Ramdev Verma S/o Lalan Verma, Aged 30 Years R/o Village Ganiyari, P.S. Kota, Civil And Revenue District- Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Divisional Flying Squad, Division Bilaspur, District Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri Indra Sen Sahu, Advocate For Respondent/State :

Ms. Sunita Jain, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 27/09/2016

1. This is 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.238/2016 registered at Police Station Divisional Flying Squad, District Bilaspur (C.G.) for the offence punishable under Sections 34(1) a, 34(2), 59(A) of the Chhattisgarh Excise Act.

2. As per prosecution case, when a raid was conducted by the squad party, the applicant was found in possession of illicit Mahua liquor of country made measuring about 12.05 liters, the same was seized from him and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case and he is in jail since 24.08.2016, therefore, he may be released on bail.

4. On the other hand, 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. I have heard learned counsel for the parties and have also perused the case diary and the documents.

6. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 12.05 liters, offence is triable by the JMFC and the applicant is in jail since 24.08.2016, this court is inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju