Shivnath And ORS. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2815 of 2016

1. Shivnath, S/o. Fakan Sao, aged about 28 years, R/o. Mohgaon, District - Palam (Jharkhand) at present Dondilohara, P.S. - Dondilohara, District - Balod (C.G.).

2. Sikander Verma, S/o. Sukhram Verma, aged about 32 years, R/o. Sarai, P.S. - Dhanpur, District - Chandouli (U.P.), at present Dondilohara, P.S. -Dondilohara, Dist.- Balod (C.G.).

3. Sanjay Kumar, S/o. Parmanand, aged about 29 years, R/o. Dani Bihar, Jagatpati Nagarhari, Teh. And District - Aurangabad (Bihar), at present Dondilohara, P.S. Dondilohara, District-Balod (C.G.) ---- Applicants

Versus

The State of Chhattisgarh, Through : Station House Officer, Dondilohara, District - Balod (C.G.) ---- Respondent For Applicants :

Mr. Ajay Ayachi, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/06/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.104/2016, registered at Police Station- Dondilohara, District - Balod (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 72 bulk liters and they were arrested on 12.04.2016.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 12.04.2016; 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 72 bulk liters; offence is triable by the JMFC and the applicants are in jail since 12.04.2016, 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 directed.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram