Melaram Dhanuwar v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7215 of 2015
1. Melaram Dhanuwar, S/o. Kushwa Dhanuwar, aged about 25 years,
2. Sukhnandan Dhanuwar, S/o. Dhansai Dhanuwar, aged about 23 years, Both are R/o. Village-Machkhanda, Police Station-Seepat, DistrictBilaspur (C.G.) ---- Applicants
Versus
The State of Chhattisgarh, Through: Station House Officer, Police Station - Seepat, District - Bilaspur (C.G.) ---- Respondent For Applicants :
Ms. Meenu Banerjee, Advocate For Respondent :
Mr. Vivek Singhal, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 22/12/2015 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.287/2015 registered at Police Station- Seepat, District - Bilaspur (C.G.) for the offence punishable under Section 34(1)(A), 34(2), 59-A of the Chhattisgarh Excise Act.
2.
The prosecution alleges that the applicants was found to be in possession of illicit liquor measuring about 27 liters and they were arrested on 22.11.2015.
3.
Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 22.11.2015; therefore, they may be released on bail.
Page No.2 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 27 liters; offence is triable by the JMFC and the applicants are in jail since 22.11.2015, 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 in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when 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 Balram