Raghushwar Kashyap v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 7257 of 2015 Raghushwar Kashyap, S/o. Niranjan Kashyap, aged about 50 years, R/o. Village-Dabnayi, Post Office & Police Station - Deobhog, District - Gariyaband (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through: Station House Officer, Police Station - Excise Circle, Gariyaband, District - Gariyaband (C.G.) ---- Respondent For Applicant :

Mr. Tarun Dadsena, Advocate For Respondent :

Mr. S.R.J. Jaiswal, 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.238/2015 registered at Police Station- Excise Circle, Gariyaband, District - Gariyaband (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 6 liters and he was arrested on 27.11.2015.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 27.11.2015; 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 6 liters; offence is triable by the JMFC and the applicant is in jail since 27.11.2015, 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