High Court Of ChhattisgarhMCRC/4292/2016allowed

Kali Ram Sidar v. State Of Chhattisgarh

2016-08-03Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4292 of 2016 Kali Ram Sidar, S/o Shri Hira Lal Sidar, Aged About 45 Years, R/o Village Khada, Police Station- Seepat, Bilaspur, Civil & Revenue District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through Police Station Seepat, District Bilaspur, Chhattisgarh.

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

Mr. Mirza Kaiser Baeg, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/08/2016 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. 142/2016 registered at - Police Station- Seepat District Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) and 36 of the C.G. Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 20 bulk liters and he was arrested on 20.06.2016.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 20.06.2016, therefore, he 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 20 bulk liters; offence is triable by the JMFC and the applicant is in jail since 20.06.2016, 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