Balram Dhiwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3137 of 2016 Balram Dhiwar S/o Pardeshi Ram Dhiwar Aged About 35 Years R/o Village & Post Chandkhuri, Police Station Mandir Hasoud, Tahsil Arang, District Raipur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Mandir Hasoud, District Raipur, Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant :

Mr. C.R. Sahu, Advocate For Respondent/State :

Mr. Anant Bajpai, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/06/2016 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. 69/2016 registered at Police Station- Mandir Hasoud, Raipur 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 6.300 bulk liters and he was arrested on 18.03.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 18.03.2016, therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, as per the information received from the concerned SHO, he would submit that previously no case under section 34(2) of the Excise Act was registered against the applicant.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 6.300 bulk liters; offence is triable by the JMFC and the applicant is in jail since 18.03.2016, 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.

Sd/- (Goutam Bhaduri) Judge Santosh