High Court Of ChhattisgarhMCRC/6031/2015allowed

Heera Baiga v. State Of Chhattisgarh

2015-11-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6031 of 2015 Heera Baiga, S/o Sirdar Baiga Aged About 45 Years R/o Barodakhurd P.S. Kawardha Distt. Kabirdham Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh Through : Station House Officer, P.S. Kawardha Distt. Kabirdham Chhattisgarh --- Respondent For the applicant :

Mr. Ajay Ayachi, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.11.2015

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. 233 of 2015 registered at P.S. Kawardha, Distt. Kabirdham (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when the raid/inspection was conducted by the police, 9 bulk litres of illicit liquor was seized from the possession of this applicant.

3. Learned State Counsel has submitted that the concerned SHO has reported that the applicant has no previous criminal antecedents.

4. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 9 bulk litres; offence is triable by the JMFC and the applicant is in jail since 25.08.2015, this Court is inclined to release him on bail. Accordingly, this application is allowed.

5. The applicant is directed to be released on bail on his

executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . He is directed to appear before the said Court on each and every date given by the said Court.

6. 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 cancelled 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 the trial is pending.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao