Vinod Kumbhkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3979 of 2016 Vinod Kumbhkar, S/o Manharan Lal Kumbhkar, Aged About 35 Years, (wrongly mentioned Vinod Kumbhkr in cause title of impugned order) R/o Village Thanoud Chowki Anjora, Tehsil & District Durg, Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh, Through- Police Chowki Anjora, Police Station Pulgaon, District Durg, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Goutam Khetrapal, Advocate For Respondent/State :

Mr. Sumit Jhanwar, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25 /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. 277/2016 registered at - Police Chowki Anjora, Police Station- Pulgaon, District Durg (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 17.640 bulk liters and he was arrested on 04.06.2016.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 04.06.2016, therefore, he may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 17.640 bulk liters; offence is triable by the JMFC and the applicant is in jail since 04.06.2016, 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.

Sd/- (Goutam Bhaduri) Judge Santosh