Yadram @ Petla Yadav v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4366 of 2016 • Yadram @ Petla Yadav S/o Sahdev Yadav Aged About 25 Years R/o Sahaspani, P/S. & Tahsil - Sarangarh, Civil & Revenue District - Raigarh Chhattisgarh ---- Applicant (In jail)
Versus
• State of Chhattisgarh Through - S. H. O. of The P/S. - Sarangarh, District Raigarh Chhattisgarh ---- Non-applicant ------------------------------------------------------------------------------------------ For Appellant :
Shri Abhishek Saraf, Advocate For Non-applicant/State :
Shri Vivek Singhal, Panel Lawyer ------------------------------------------------------------------------------------------ Hon'ble Shri Justice Goutam Bhaduri Order on Board 08.08.2016 1) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.262 of 2016, registered at PS Sarangarh, district- Raigarh (CG) for the offences punishable under Sections 34(1)(A)(2) and 59(A) of the Chhattisgarh Excise Act.
2) As per prosecution case, when a raid was conducted by the police party, the applicant was found in possession of illicit liquor measuring about 15 bulk liters country made liquor, the same was seized from him and thereby the aforesaid offence was committed.
mcrc 4366 of 2016 3) Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case, he is in jail since 30.06.2016, charge-sheet in this case has not been filed yet and no further investigation is required, therefore, he may be released on bail.
4) On the other hand, 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) I have heard learned counsel for the parties and have also perused the case diary and the documents.
6) Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 15 liters, offence is triable by the JMFC and the applicant is in jail since 30.06.2016, this Court is inclined to release the applicant on bail.
7) Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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/- Sd/- (Goutam Bhaduri) JUDGE