Heera Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No.3415 of 2016 Heera Sahu, aged about 42 years, son of Tulsiram Sahu, Caste Teli, R/o Village Ward No.11, Station Road, Chakarbhata Camp Chakarbhata, Nagar Panchayat Bodri, Police Station Chakarbhata, Tahsil Bilha, Civil and Revenue District Bilaspur, Chhattisgarh ---- Applicant versus State of Chhattisgarh through Police of Police Station Chakarbhata, Tahsil Bilha, Civil and Revenue District Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri Ratnesh Kumar Agrawal, Advocate For State/Respondent :

Shri Adhiraj Surana, Deputy 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.170 of 2016 registered at Police Station Chakarbhata, District Bilaspur (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 9 bulk litres of illicit 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 9 bulk litres of illicit liquor. He further submits that the Applicant is in jail since 24.5.2016. 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 24.5.2016 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