Punnidas Tandan And ANR. v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 298 of 2017
1. Punnidas Tandan, S/o. Chaituram Satnami, Aged About 40 Years.
2. Tukeram, S/o. Sewaram Lahare, Aged About 28 Years. Both are R/o. Village- Chhitapar & Tahsil- Bemetara, DistrictBemetara, Chhattisgarh. ---- Applicants
Versus
State Of Chhattisgarh, Through- Police Chowky- Chandanu, Police Station- Nandghat, District- Bemetara, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :
Ms. Reena Singh, Advocate For Respondent :
Mr. Wasim Miyan, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/01/2017 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.471/2016 registered at Police Chowky- Chandanu, Police StationNandghat, District Bemetara (C.G.) for the offence punishable under Section 34(2) of the Excise Act.
2.
The prosecution alleges that the applicants were found to be in possession of illicit liquor measuring about 8.640 bulk liters and they were arrested on 20.12.2016.
3.
Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since 20.12.2016; therefore, they 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 applicants have 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 8.640 bulk liters, offence is triable by the JMFC and the applicants are in jail since 20.12.2016, this Court is inclined to release the applicants on bail. 6.
Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.
7.
It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok