Jagannath Prasad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 253 of 2017 • Jagannath Prasad S/o Jagdish Sidar, Aged About 33 Years Caste Gond, R/o Village Sakrelikala, Police Station And Tahsil Sakti, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh Through District Magistrate / Station House Officer, Excise Circle, Janjgir District Janjgir Champa Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Respondent/State :

Mr. Vivek Singhal, Panel Lawyer ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 31-01-2017 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 on 11-12-2016 in connection with Crime No. 18 of 2016, registered at Police Station Excise Circle Janjgir, District Janjgir-Champa (CG) for the offence punishable under Section 34 (1)(A), 34(2) and 59((A) of the Chhattisgarh Excise Act.

2.

As per prosecution case, on information being received, a raid was conducted by the police party, the applicant was found in possession of illicit liquor measuring about 45 liters, the same was seized from him and thereby the aforesaid offence was committed. 3.

Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case, he is in jail since 11-122016 and no further investigation is required, therefore, he may be released on bail.

4.

On the other hand, 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.

I have heard learned counsel for the parties and have also perused the case diary and the documents.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 45 liters, offence is triable by the JMFC and the applicant is in jail since 11-12-2016, this court is inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the 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.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju