Dinesh Peter v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3267 of 2016 Dinesh Peter S/o Shri Triloki Peter Aged About 32 Years R/o Village Baitalpur Police Outpost - Sargaon, Tahsil - Pathariya, Revenue Distt. Mungeli, Civil Distt. Bilaspur (Chhattisgarh) ---- Applicant

Versus

State of Chhattisgarh Through The Police Outpost - Sargaon Thana - Pathariya Mungeli Distt. Mungeli (Chhattisgarh) ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sunil Sahu, Advocate For Respondent/State :

Ms. Sobha Kashyap, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/07/2016 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. 135/2016 registered at Police Station- Police Outpost Sargaon, Thana- Pathariya, District Mungeli (C.G.) for the offence punishable under Section 34(1) (A), 34(2) and 59 (A) of the Chhattisgarh Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 21.780 bulk liters and he was arrested on 14.05.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since

14.05.2016, 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 21.780 bulk liters; offence is triable by the JMFC and the applicant is in jail since 14.05.2016, 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.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh