Smt. Kanti Bai Jangade v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6495 of 2015

1. Smt. Kanti Bai Jangade W/o Johatram Jangade Aged About 27 Years R/o Village- Bhendra, Post Office & Police StationBhakhara, Tahsil -Kurud, District- Dhamtari (Chhattisgarh).

2. Johatram Jangade S/o Premdas Jangade Aged About 35 Years R/o Village- Bhendra, Post Office & Police Station- Bhakhara, Tahsil -Kurud, District- Dhamtari (Chhattisgarh).

3. Roshan Lal Dewangan S/o Chandulal Dewangan Aged About 30 Years R/o Village- Bhendra, Post Office & Police StationBhakhara, Tahsil -Kurud, District- Dhamtari (Chhattisgarh). ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Bhakhara, District- Dhamtari(Chhattisgarh) ---- Respondent For Applicants :- Shri Shivendu Pandya, Advocate For Respondent/ State :- Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 01/12/2015 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. 188/2015 registered at Police Station- Bhakhara, District - Dhamtari (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 34.56 liters and they were arrested on 13.10.2015.

3. Learned counsel for the applicants submit that the applicants have falsely been implicated in this case and they is in jail since 13.10.2015; therefore, they 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 34.56 liters; offence is triable by the JMFC and the applicants are in jail since 13.10.2015, 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 applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when is directed. 8.

It is made clear that if the applicants are found to be involved in similar offence again, this order granting bail to the applicants shall automatically stand canceled without reference to the Court and the concerned police shall be at liberty to re-arrest the applicants in this case also, after informing the concerned Judicial Magistrate where trial is pending.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh