Dharmendra Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 4 5 7 of 201 Dharmendra Singh, S/o Brijnand Singh Rajput, aged about 30 years, R/o Simra, Thana- Kutumba, Distt. Aurangabad (Bihar), At present R/o Ward No. 15, Gandai, Distt- Rajnandgaon (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through : Thana- Sa. Lohara, Revenue/ Civil Distt- Kabeerdham (C.G.) ---- Non-applicant For Applicant:

Mr. Samir Singh, Advocate.

For Non-applicant/State:Mr. Neeraj Jain, Govt. Advocate. Hon'ble Shri Justice P. Sam Koshy Order On Board /0 6 /201 Heard.

(1) This is the first application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant who is in jail since 31.05.2016 in connection with Crime No. 110/2016 registered at Police Station-Sa. Lohara, Distt- Kabeerdham, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. (2) As per the prosecution, on search being made, total 14.400 bulk liters of country made liquor was seized from unlawful possession of the applicant on 31.05.2016 and therefore he has been charged with the offence punishable under Section 34(2) of the Chhatisgarh Excise Act and has been arrested on 31.05.2016 itself.

(3) Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the instant case and no liquor has been seized from his lawful possession. He further submit that the applicant is in judicial custody since 31.05.2016 and this is the first time where the applicant has been implicated under the Excise Act and therefore taking into consideration all these facts he may be enlarged on bail.

(4) Opposing the bail application, learned counsel for the State submits that the applicant was found to be in unlawful possession of 14.400 bulk liters of country made liquor and therefore he is not entitled to be released on bail.

(5) Without commenting on merits, considering the totality of the facts & circumstances of the case and also considering the fact that the applicant is languishing in jail since 31.05.2016 and considering the quantity of liquor, this Court is of the opinion that the present is a fit case where the applicant can be enlarged on bail. (6) Accused/applicant -Dharmendra Singh is directed to be released on bail on his executing a personal bond in the sum of Rs.20,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy, as per rules.

Sd/- (P. Sam Koshy) V. Judge D/-