Ramjhul @ Tillu v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 815 of 2017 Ramjhul @ Tillu, S/o. Shri Kunwar Singh Kewat, Aged About 54 Years, R/o. Village Kanharkampa, Police Outpost Saket, Police Station Pathariya Revenue District Mungeli, Civil District Bilaspur, Chhattisgarh. ---- Applicant

Versus

The State Of Chhattisgarh, Through The Police Of Police Outpost Saket, Police Station Pathariya, District Mungeli, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sunil Sahu, Advocate For Respondent :

Mr. Vivek Singhal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice P. Sam Koshy Order On Board 23/02/2017 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.24/2017 registered at Police Outpost- Saket, Police Station- Pathariya, District Mungeli (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 15 bulk liters and he was arrested on 21.01.2017.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 21.01.2017; 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 15 bulk liters, offence is triable by the JMFC and the applicant is in jail since 21.01.2017, 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/- (P. Sam Koshy) Judge Gouri/ aks