High Court Of ChhattisgarhMCRC/5757/2016allowed

Basant Shrivas v. State Of Chhattisgarh

2016-09-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5757 of 2016 • Basant Shrivas S/o Firanga Shrivas Aged About 52 Years R/o Village Salheghori, Police Station Lormi, District Mungeli Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station House Officer, Lormi, District- Mungeli Chhattisgarh ---- Respondent For Applicant :

Shri Mahendra Dubey, Advocate For Respondent/State :

Shri Vivek Singhal, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/09/2016

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.350/2016 registered at Police Station Lormi, District - Mungeli (C.G.) for the offence punishable under Section 34(1) 34(2) 59(A) of the Chhattisgarh Excise Act.

2. As per prosecution case, when a raid was conducted by the police party, the applicant was found in possession of illicit liquor measuring about 6.840 bulk 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 25.08.2016, 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 6.840 bulk liters, offence is triable by the JMFC and the applicant is in jail since 25.08.2016, 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