Girja Shankar Tiwari v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7262 of 2015 Girja Shankar Tiwari, S/o. Jagdish Prasad Tiwari, aged about 25 years, R/o. Mathpuraina, Raipur, Revenue/Civil District - Raipur (C.G.) ---- Applicant
Versus
The State of Chhattisgarh, Through: Excise S.I. Circle, Pachpedinaka, District - Raipur (C.G.) (wrongly mentioned in the order sheet as Civil Line Circle) ---- Respondent For Applicant :
Mr. Samir Singh, Advocate For Respondent :
Ms. Sunita Jain, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/12/2015 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.503/2015 registered at Police Station- Excise S.I. Circle, Pachpedinaka, District - Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
2.
The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 8.640 bulk liters and he was arrested on 28.11.2015.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 28.11.2015; therefore, he 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 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 8.640 bulk liters; offence is triable by the JMFC and the applicant is in jail since 28.11.2015, 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.
8.
It is made clear that if the applicant is found to be involved in similar offence again, this order granting bail to the applicant shall automatically stand canceled without reference to the Court and the concerned police shall be at liberty to re-arrest the applicant in this case also, after informing the concerned Judicial Magistrate where trial is pending.
9.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Balram