Rambhau Gandharv v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7613 of 2015 Rambhau Gandharv, S/o. Ashok Kumar Gandharv, Aged About 35 Years, R/o. Village Bahtarai, Police Station Chakarbhata, Tahsil Takatpur, Civil & Revenue District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Excise Circle Takatpur, District Bilaspur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Tarun Dansena, Advocate For Respondent :

Mr. Arvind Shukla, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 14/01/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.247/2015 registered at Police Station- Excise Circle Takhatpur, District Bilaspur (C.G.) for the offence punishable under Section 34(1)(a) & 34(2), 59(a) of the Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.580 bulk liters and he was arrested on 03.12.2015.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 03.12.2015; therefore, he 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 5.580 bulk liters; offence is triable by the JMFC and the applicant is in jail since 03.12.2015, 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 Ashok