Sonlal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No.2580 of 2016 Sonlal, son of Ghughru Deshlahre, aged about 54 years, R/o Village Chongi Khapri, Chowki Devkar, District Bemetara, Chhattisgarh ---- Applicant versus The State of Chhattisgarh through the Excise Police (internal), Bemetara, Chhattisgarh ---- Respondent For Applicant :

Shri P.P. Sahu, Advocate For State/Respondent :

Shri Neeraj Jain, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 6/6/2016 1.

This is an application filed under Section 439 Cr.P.C. for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.2 of 2016 registered at Police Station Excise Police (internal), Bemetara (Chhattisgarh) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

Case of the prosecution, in brief, is that 21.6 bulk litres of illicit country-made liquor was seized by the police from the present Applicant. 3.

Learned Counsel for the Applicant submits that the present Applicant was found in possession of 21.6 bulk litres of illicit country-made liquor. He further submits that the Applicant is in jail since 9.4.2016. He has been falsely implicated in the case and, therefore, he may be released on bail.

4. On the other hand, Learned Counsel for the State opposes the bail application. He submits that there was a criminal antecedent of the

Applicant under the Excise Act.

5.

I have heard Learned Counsel appearing for the parties. 6.

On perusal of the material available on record, it is found that the criminal antecedent of the Applicant under the Excise Act relates to the year 2005. Without commenting on merits, considering the totality of the facts and circumstances of the case, quantity of the liquor seized and also considering the fact that the Applicant is in jail since 9.4.2016, this Court is of the opinion that the present is a fit case in which the Applicant should be enlarged on regular bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- (Twenty Thousand) with two sureties in the like sum to the satisfaction of the concerned Court for his appearance before the said concerned Court as and when directed.

9.

Certified copy as per rules.

Sd/- (P. Sam Koshy) Vacation Judge Gopal