Bhoj Mahobiya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4380 of 2018 Bhoj Mahobiya, S/o. Late Shri Kishore Mahobiya, Aged About 25 Years, Caste- Barai, R/o.- Jail Road, Ward No. 22, Dongargarh, Teh- Dongargarh, District- Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through- The Police Station- Bortalao, TehDongargarh, District- Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant :

Mr. S.S. Baghel, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 22/06/2018 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.26/2018, registered at Police Station- Bortalao, District - Rajnandgaon (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant ws found to be in possession of illicit liquor measuring about 5.760 liters and he was arrested on 07.06.2018.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 07.06.2018. Therefore, it is prayed that the applicant 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 5.760 liters; offence is triable by the JMFC and the applicant is in jail since 07.06.2018, 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 applicants 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.

Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram