High Court Of ChhattisgarhMCRC/3467/2016allowed

Amar Singh Baghel v. State Of Chhattisgarh

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

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3467 of 2016 Amar Singh Bhaghel, aged about 23 years S/o Mangal Singh Baghel, R/o village Darbarkhapri, Police Station & Tehsil Chhuikhadan, Distt. Rajnandgaon (CG). APPLICANT

Versus

State of Chhattisgarh through Station House Officer, Police Station Chhuikhadan, District Rajnandgaon (CG) (as per remand form). RESPONDENT For Applicant : Shri Abhishek Sharma, Advocate.

For Respondent/State : Shri Adhiraj Surana, Deputy Govt. Advocate. Hon'ble Shri Justice P. Sam Koshy Order On Board 09.06.2016

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.108/2016 registered at Police Station Chhuikhadan, Distt. Rajnandgaon, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that the applicant was found in possession of 10 bulk liters of illicit liquor.

3. Learned counsel for the applicant submits that the applicant is in detention since 12.05.2016. He further submits that he has been falsely implicated in the case, and therefore, the applicant may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. I have heard the counsel appearing for the parties.

6. Without commenting on merits, considering the totality of the facts and

circumstances of the case, more particularly the applicant was found in possession of small quantity of liquor also considering the fact that the applicant is in detention since 12.05.2016 this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. 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/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9. Certified copy as per rules.

Sd/- (P. Sam Koshy) V. JUDGE inder