Shyamlal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2585 of 2016 Shyamlal S/o Shri Bhaiyaram Tandon Aged About 42 Years R/o Sakin Bharatpur, Police Station Bhatapara (Gramin), District Baloda Bazar Bhatapara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Poice Station House Officer, Police Station Bhatapara (Gramin), District Baloda Bazar Bhatapara, Chhattisgarh.

---- Respondent For Applicant:

Ms. Ruchi Nagar, Advocate For State:

Mr. Neeraj Jain, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 06.06.2016 1.

This is the first bail application filed under Section 439 of Cr.P.C. for grant of bail to the Applicant who is in jail since 06.04.2016 in connection with Crime No. 92/2016 registered at Police Station - Bhatapara (Gramin) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2.

The allegation against the present Applicant is that he was found under possession of 14.4 litre of country made liquor from Badi (Courtyard ) of his house.

3.

Learned Counsel for the Applicant submits that the Applicant has

been falsely implicated in the instant case as no liquor was seized from his exclusive possession of the Applicant, there is also no past antecedents against him and that the Applicant is in jail since 06.04.2016, he may be released on bail.

4.

The learned State Counsel however opposes the bail application. 5.

Considering the total facts and circumstances of the case that the liquor has been seized from an open place and there is also no past antecedents against the present Applicant and he has already remained in jail for a period of 2 months, this Court is of the opinion that present is a fit case for grant of bail to the Applicant. 6.

Accordingly, the present bail application is allowed. It is directed that in case if the Applicant furnishes a personal bond for a sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then he shall be released on bail. The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (P. Sam Koshy) V.JUDGE kishore