Bhojram Sahu And Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4054 of 2016

1. Bhojram Sahu, S/o Late Devdas Aged About 30 Years R/o Village - Bamhani, Police Station/ Tahsil/ District Mahasamund Chhattisgarh.

2. Chhotu Jangde S/o Aanand Jangde Aged About 21 Years R/o Village - Bamhani, Police Station/ Tahsil/ District Mahasamund Chhattisgarh. ---- Applicants

Versus

State of Chhattisgarh Through Station House Officer, Police Station Tumgaon, District Mahasamund Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------------ For Applicants :

Mr. Vikash Pradhan, Advocate For Respondent/State :

Mr. Vivek Singhal, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 26 /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 applicants who have been arrested in connection with Crime No. 113/2016 registered at - Police Station Tumgaon, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

2. The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 62.1 bulk liters and they were arrested on 16.06.2016.

3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and the applicants are in jail since 16.06.2016, therefore, they may be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, earlier no case under section 34(2) of Chhattisgarh Excise Act is registered.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 62.1 bulk liters; offence is triable by the JMFC and the applicants are in jail since 16.06.2016, this Court is inclined to release the applicants on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Santosh