Kalyan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3531 of 2016 • Kalyan S/O Shamli Adil Aged About 32 Years R/O Village Akaltara, Police Station Simga, District Baloda Bazar Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Excise Circle Simga, Bhatapara, District Baloda Bazar Bhatapara, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Anil Gulati, Advocate For Respondent/State :

Mr. Luv Sharma, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 12-07-2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 2-6-2016 in connection with Crime No. 62 of 2016, registered at Police Station Excise Circle, Simga, District Baloda Bazar- Bhatapara (CG) 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 9 liters and he was arrested on 2-6-2016.

3.

Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in the case and he is in jail since 2-6-2016 and charge-sheet in this case has been filed, therefore, he may be released on bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information

received from the concerned SHO, the applicant has no previous antecedents of similar offence.

5.

I have heard learned counsel for the parties and have also perused the case diary and the documents.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 9 liters, offence is triable by the JMFC, charge-sheet in this case has bee filed and the applicant is in jail since 2-6-2016, this court is inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju