Omkar v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 48 of 2017 Omkar, S/o. Sarju, Caste- Gond, aged about 28 years, R/o. VillageNadiyakhurd, Police Station - Chhuriya, District - Rajnandgaon (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through : the Excise Officer, Excise Circle, Dongargarh (wrongly mentioned as Chichola in the cause title), District - Rajnandgaon (C.G.) ---- Respondent For Applicant :

Mr. Avinash Chand Sahu, Advocate For Respondent :

Mr. Vivek Singhal, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/01/2017 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. 226/2016, registered at Police Station- Excise Circle, Dongargarh, District - Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 20 liters and he was arrested on 19.12.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 19.12.2016; 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

Page No.2 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 liquor is 20 liters; offence is triable by the JMFC and the applicant is in jail since 19.12.2016, 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.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram