Shiv Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3201 of 2016 Shiv Sen, S/o Chandra Sen, Aged About 40 Years, R/o Pahandra Road, Baloda - Bazar - Bhatapara, District - Baloda - Bazar - Bhatapara Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through : - S. H. O. - Baloda - Bazar - Bhatapara, District Baloda, Bazar - Bhatapara Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Hemant Gupta, Advocate For Respondent/State :

Ms. Shobha Kashyap, G.A.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/06/2016 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. 168/2016 registered at Police Station- City Kotwali, Baloda Bazar, Bhatapara, District Baloda Bazar, Bhatapara (C.G.) for the offence punishable under Sections 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 9 liters and he was arrested on 09.05.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 09.05.2016, 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 9 liters; offence is triable by the JMFC and the applicant is in jail since 09.05.2016, 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