Kiran Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1176 of 2017 • Kiran Kurre S/o Late Putaku Ram Kurre, Aged About 30 Years R/o Village Dotopar, Police Station City Kotwali, Baloda Bazar, District Baloda Bazar Bhatapara, Chhattisgarh.

---- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Baloda Bazar, District Baloda Bazar Bhatapara, Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Yogesh Chandra, Advocate For Respondent/State :

Mr. U.K.S. Chandel, Panel Lawyer ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 6-3-2017 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 5-2-2017 in connection with Crime No. 35 of 2017, registered at Police Station City Kotwali, Balodabazar, District Balodabazar - Bhatapara (CG) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2.

As per prosecution case, on information being received a raid was conducted by the police party and from the possession of the applicant illicit liquor measuring about 5.40 liters was seized 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 5-22017 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 5.40 liters, offence is triable by the JMFC and the applicant is in jail since 5-2-2017, I am 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