Itwari Kosle v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 124 of 2017 Itwari Kosle, S/o. Lahangu Kosle, Aged About 40 Years, R/o. Village Barchha, Tehsil- Aarang, Police Station Aarang, District Raipur, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh, Through S.H.O, Police Station- Aarang, District Raipur, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Lalit Jangde, Advocate For Respondent :
Mr. Wasim Miyan, 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.421/2016 registered at Police Station- Aarang, 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 country made liquor measuring about 8.64 bulk liters and he was arrested on 12.11.2016.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 12.11.2016; therefore, he may be released on bail. 4.
Per contra, 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 liquor is 8.64 bulk liters, offence is triable by the JMFC and the applicant is in jail since 12.11.2016, 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 Ashok