Nehrulal Chauhan v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4222 of 2016 Nehrulal Chauhan, S/o. Shri Puran Chauhan, Aged About 41 Years, Occupation Labour, R/o. Village Jhanakpur, Police Station & Tahsil Baramkela, District Raigarh, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through the Officer In Charge Of Police Station Baramkela, District Raigarh, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Roop Naik, Advocate For Respondent :
Mr. Vinod Tekam, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/08/2016 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.51/2016 registered at Police Station- Baramkela, District Raigarh (C.G.) for the offence punishable under Section 34(1)(a) & 59(2) of C.G. Excise Act.
2.
The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 10.980 bulk liters and he was arrested on 23.06.2016.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 23.06.2016; therefore, he may be released on bail. 4.
Per contra, 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.
Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 10.980 bulk liters, offence is triable by the JMFC and the applicant is in jail since 23.06.2016, 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 Ashok