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High Court Of ChhattisgarhMCRC/800/2017allowed

Rakesh @ Choti v. State Of Chhattisgarh

2017-02-23Hon'Ble Shri Justice P. Sam Koshy2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 800 of 2017 Rakesh @ Choti, S/o. Late Kaluram Sahu, Aged About 29 Years, R/o. Bajrang Nagar, Gali No. 1, Police Station -Gudiyari, District- Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police Station Gudiyari, District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Vimlesh Bajpai, Advocate For Respondent :

Mr. U.K.S. Chandel, 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. 197/2016, registered at Police Station- Gudiyari, District - Raipur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

As per prosecution case, the applicant was found to be in possession of illicit liquor measuring about 7.200 liters and he was arrested on 12.07.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 12.07.2016; therefore, he may be released on bail.

4.

Per contra, Learned State counsel opposes the prayer for grant of bail. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7.200 liters; offence is triable by the

Page No.2 JMFC and the applicant is in jail since 07.12.2016, 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.

Certified copy as per rules.

Sd/- (P. Sam Koshy) Judge Balram