Bahur Singh Gond v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2476 of 2016 Bahur Singh Gond, S/o. Amar Singh Gond, aged about 27 years, R/o Village Musarakala, Police Station and Tahsil Dongargarh, Civil and Revenue District Rajnandgaon (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through- Police Station - Excise Circle - Dongargarh, Civil and Revenue District Rajnandgaon (C.G.) ---- Respondent For Applicant :

Mr. Keshav Dewangan, Advocate For Respondent/State :

Mr. O.P. Sahu, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/05/2016 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. 01/2016 registered at Police Station- Excise Circle Dongargarh, District-Rajnandgaon (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 5.76 bulk liters and he was arrested on 02.04.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 02.04.2016; 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 5.76 bulk liters; offence is triable by the JMFC and the applicant is in jail since 02.04.2016, 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/- (Prashant Kumar Mishra) Vacation Judge Balram