Monu Manikpuri v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 107 of 2017 Monu Manikpuri S/o Sonu Manikpuri, aged about 19 years, R/o Narbadapara, Near Station, Police Station- Ganj, District Raipur, Chhattisgarh. ---- Applicant
Versus
State of Chhattisgarh through Station House Officer, Police Station- Ganj, District Raipur, Chhattisgarh.
---- Respondent For Applicant :
Mr. Vimlesh Bajpai, Advocate For Respondent :
Mr. Vivek Singhal, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 23/01/2017 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. 371/2016, registered at Police Station- Ganj, District Raipur (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 7.2 bulk liters and he was arrested on 28.12.2016.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 28.12.2016; therefore, he may be released on bail.
4.
Learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information received from the
Page No.2 concerned SHO, the applicant has no previous antecedent of similar offence.
5.
Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7.2 bulk liters; offence is triable by the JMFC and the applicant is in jail since 28.12.2016, 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.
Sd/- (Goutam Bhaduri) Judge Bhola