Kamlesh Ogre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4488 of 2018 Kamlesh Ogre S/o Bhaklu Ogre Aged About 40 Years R/o Village Chakarwar, Police Station Simga, District Baloda Bazar -Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Simga, District Baloda Bazar -Bhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh.

---- Respondent For the Applicant :

Shri Yogesh Chandra, Advocate.

For the Respondent/State :

Ms. Smita Ghai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

09.07.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.173 of 2018, registered at Police Station Simga, District - Balodabazar-Bhatapara, Chhattisgarh 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 5.40 bulk liters and he was arrested on 10.6.2018.

3.

Learned counsel for the applicant submits that the applicant is in jail since 10.6.2018 and the applicant has been falsely implicated in this case;

therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has one previous antecedent under the provisions of Indian Penal Code and also having been proceeded under the provisions of Cr.P.C. of preventive nature. Hence, for these reasons, the applicant is not entitled for grant of bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.40 bulk liters; offence is triable by the JMFC and the applicant is in jail since 10.6.2018, this Court is inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the 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/- (Rajendra Chandra Singh Samant) Judge Nimmi