Bhajan Lal Sahu v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5999 of 2015 Bhajan Lal Sahu, S/o. Tara Chand Sahu, Aged About 42 Years, R/o. Village Semara, Police Station -Nawagarh, Civil & Revenue District Janjgir Champa, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through: The Station House Officer, Police StationNawagarh, Civil & Revenue District Janjgir-Champa, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Paras Mani Shriwas, Advocate For State/Respondent :
Mr. Vinod Tekam, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/11/2015 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.212/2015 registered at Police Station- Nawagarh, District Janjgir-Champa (C.G.) for the offence punishable under Section 34(2), 36 of the Excise Act.
2.
The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 7.020 bulk liters and he was arrested on 09.10.2015.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 09.10.2015; 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, the applicant had other previous antecedents of similar offence of the year 2004 to 2007. 5.
Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7.020 bulk liters and the previous antecedents were of 2004 to 2007; the offence is triable by the JMFC and the applicant is in jail since 09.10.2015, 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. 8.
It is made clear that if the applicant is found to be involved in similar offence again, this order granting bail to the applicant shall automatically stand canceled without reference to the Court and the concerned police shall be at liberty to re-arrest the applicant in this case also, after informing the concerned Judicial Magistrate where trial is pending.
9.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Ashok