Rendhiya Kenwat v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 348 of 2017 Rendhiya Kenwat, S/o. Aktiram Kenwat, Aged About 55 Years, CasteKenwat, R/o. Village- Nandeli, Police Station & Tahsil- Jaijaipur, DistrictJanjgir- Champa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through- Excise Circle Baradwar, District- JanjgirChampa, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Gurudev I. Sharan, Advocate For Respondent :

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 in connection with Crime No.216/2016 registered at Police Station- Excise Circle Baradwar, District Janjgir-Champa (C.G.) for the offence punishable under Sections 34(1)(A), 34(2) & 59(A) of the Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 11.16 bulk liters and he was arrested on 08.12.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 08.12.2016; 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 i.e. offence under the Excise Act. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 11.16 bulk liters, offence is triable by the JMFC and the applicant is in jail since 08.12.2016, 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 Ashok