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High Court Of ChhattisgarhMCRC/3411/2016allowed

Ramdas Kewant v. State Of Chhattisgarh

2016-06-09Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No.3411 of 2016 Ramdas Kewant, son of Mahadev Kewant, Caste Kewant, aged about 50 years, R/o Village Mathali, P.S. Navagarh, District Janjgir-Champa, Chhattisgarh ---- Applicant versus State of Chhattisgarh through Station House Officer, Excise Circle Sheorinarayan, District Janjgir-Champa, Chhattisgarh ---- Respondent For Applicant :

Shri F.S. Khare, Advocate For State/Respondent :

Shri Vivek Sharma, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 9/6/2016 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.61 of 2016 registered at Police Station Excise Circle Sheorinarayan, District Janjgir-Champa (Chhattisgarh) for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 7.920 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 7.920 bulk litres of illicit countrymade liquor. He further submits that the Applicant is in jail since 25.5.2016. He has no criminal antecedent and 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.

5.

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

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 25.5.2016 and that the present is the first offence committed by the Applicant, this Court is of the opinion that the present is a fit case in which the Applicant could 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 trial Court and for his appearance before the said Court as and when directed. 9.

Certified copy as per rules.

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