Balla And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2461 of 2016

1. Balla S/o Janakram, aged about 45 years, Caste -Ghasiya, R/o Village Ganjar, Thana - Bagbahara, District Mahasamund Chhattisgarh.

2. Kawal Singh S/o Chandar Singh, aged about 45 Years, R/o Village Bhaluchuwa, Thana Komakhan, District Mahasamund Chhattisgarh. ---- Applicants

Versus

State of Chhattisgarh Through Station House Officer, Police Station Komakhan, District Mahasamund Chhattisgarh.

---- Respondent For Applicants :

Mr. Vikash Pradhan, Advocate For Respondent/State :

Mr. O.P. Sahu, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/05/2016 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. 22/2016 registered at Police Station- Komakhan, District - Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh 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 11.04.2016.

3.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 11.04.2016; 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 11.04.2016, 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 applicants 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 his appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Vacation Judge Balram