Alakh Yadav v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1000 of 2017 Alakh Yadav, S/o. Gajanand Yadav, Aged About 45 Years, R/o. Ward No. 7, Ram Nagar, Kumhari, Police Station -Kumhari, Tahsil Patan, District -Durg Chhattisgarh. Mob. No. 7879556299.
---- Applicant
Versus
State Of Chhattisgarh, Through : Station House Officer, Police Station Civil Lines, Raipur, Chhattisgarh ---- Respondent For Applicant :
Mr. Jitendra Gupta, Advocate For Respondent :
Mr. Wasim Miyan, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/03/2017 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. 11/2017, registered at Police Station- Civil Lines, Raipur, District - Raipur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.
2.
The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.040 bulk liters and he was arrested on 06.01.2017.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 06.01.2017; therefore, he may be released on bail.
4.
Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the
Page No.2 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 5.040 bulk liters; offence is triable by the JMFC and the applicant is in jail since 06.01.2017, 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.
8.
Certified copy as per rules.
Sd/- (Goutam Bhaduri) Judge Balram