Ramdhan Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4004 of 2018 Ramdhan Baghel S/o Bhaluram Aged About 50 Years R/o Village Sundreli, P. S. Nagarda, Tahsil Sakti, District- Janjgir- Champa, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through S.H.O. P.S. Nagarda, District- JanjgirChampa, Chhattisgarh. ---Respondent For Applicant :

Mr. Ravindra Sharma, Advocate For State :

Mr. Prasoon Bhaduri, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01/06/2018

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. 55/2018, registered at Police Station Nagarda, District Janjgir-Champa (C.G.) for the offence punishable under Sections 34(1)(a), 34(2) of Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit handmade country liquor measuring about 7 Bulk Liter and he was arrested on 14.05.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 14.05.2018; therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7 liters; offence is triable by the J.M.F.C. and the applicant is in jail since 14.05.2018, 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.

Sd/- (Rajendra Chandra Singh Samant) JUDGE Ved