Sohan v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3901 of 2016 Sohan, S/o Dasru Satnami, Aged About 40 Years, R/o Village Bhadbandha, P.S. Simga, District Baloda Bazar Bhatapara, Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh Through Excise Circle Simga, District Baloda Bazar Bhatapara, Chhattisgarh.
---- Respondent ---------------------------------------------------------------------------------------------- For Applicant :
Mr. Anil Gulati, Advocate For Respondent/State :
Ms. Sunita Jain, Panel Lawyer ---------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 20/07/2016 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 in connection with Crime No. 72/2016 registered at Police Station- Excise Circle Simga, District Baloda Bazar, Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Excise Act.
2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 52.92 bulk liters and he was arrested on 15.06.2016.
3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 15.06.2016, therefore, he may be released on bail. 4.
Learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar offence.
5.
Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 52.92 bulk liters; offence is triable by the JMFC and the applicant is in jail since 15.06.2016, this Court is inclined to release the applicant on bail.
6.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.
7.
It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.
8.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Santosh