Santosh Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 348 of 2016

1. Santosh Chandrakar, S/o Late Puranlal, Aged About 38 Years Cast-Kurmi Occupation - Farmer R/o Village Kurmipara Ward No. 17 Mahasamund, Police Station - Mahasamund District Mahasamund Chhattisgarh

2. Prakash Dhruw S/o Jethuram Dhruw Aged About 18 Years Cast - Gond, Occupation - Lebour R/o Ward No. 15 Mahamaipara Mahasamund, Police Station - Mahasamund District - Mahasamund Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh Through : Station House Officer, Police Station Mahasamund, District - Mahasamund Chhattisgarh For Applicants :- Mr. Vikash Pradhan, Advocate For Respondent/ State :- Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 29/01/2016 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. 15/2016 registered at Police Station- Mahasamund, District - Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

2.

The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 18 bulk liters and they were arrested on 05.01.2016.

3. Learned counsel for the applicant submits that the applicant have falsely been implicated in this case and they are in jail since 05.01.2016, therefore, they 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 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 18 bulk liters offence is triable by the JMFC and the applicants are in jail since 05.01.2016, 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 applicant 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.

It is made clear that if the applicants are found to be involved in similar offence again, this order granting bail to the applicants shall automatically stand canceled without reference to the Court and the concerned police shall be at liberty to re-arrest the applicants in this case also, after informing the concerned Judicial Magistrate where trial is pending.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh