Shivpal Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2948 of 2016 Shivpal Nishad S/o Bodhram Nishad Aged About 30 Years By Caste Kewat, R/o Village Purani Basti Pithoura, P.S. & Tahsil Pithoura, Civil & Revenue District Mahasamund, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through The Station House Officer Pithoura, District Mahasamund, Chhattisgarh.

---- Respondent For Applicant :

Mr. Sunil Sahu, Advocate For Respondent/State :

Ms. K. Tripti Rao, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/06/2016 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. 57/2016 registered at Police Station- Pithoura, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 7.560 bulk liters and he was arrested on 23.04.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 19.04.2016, 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 7.560 bulk liters; offence is triable by the JMFC and the applicant is in jail since 23.04.2016, 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.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh