Bharat @ Dainy v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6086 of 2015 Bharat @ Dainy, S/o. Chandram Mahar, Aged About 24 Years, R/o. Village Pasid, Police Chowki- Karhibazar, P.S. City Kotwali, Baloda Bazar, District Baloda Bazar - Bhatapara, Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh, Through Police Chowki - Karhi Bazar, P.S. City Kotwali, Baloda Bazar, District Baloda Bazar - Bhatapara, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. C.K.Sahu, Advocate For Respondent :
Mr. Ashok Swarnakar, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/11/2015 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.361/2015 registered at Police Station- City Kotwali, District Baloda BazarBhatapara (C.G.) for the offence punishable under Section 34(2) of the Excise Act.
2.
The prosecution alleges that the applicant was found to be in possession of illicit country made liquor measuring about 8.64 liters and he was arrested on 16.10.2015.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 16.10.2015; 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 has no previous antecedents of similar offence.
5.
Taking into consideration the totality of the circumstances and the fact that the quantity of seized country made liquor is 8.64 liters; offence is triable by the JMFC and the applicant is in jail since 16.10.2015, 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