Santu Goyal v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1341 of 2017 Santu Goyal, S/o. Late Panchram Goyal, aged about 32 years, R/o. VillageKhapari (R.), Chowki - Karhibazar, P.S. - City Kotwali, Balodabazar, District - Balodabazar-Bhatapara (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through : Station House Officer, Police Chowki - Karhibazar, Police Station - City Kotwali, Balodabazar, District - Balodabazar -Bhatapara (C.G.) ---- Respondent For Applicant :

Mr. Yogesh Kumar Chandra, Advocate For Respondent :

Mr. Anupam Dubey,Dy. Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice P. Sam Koshy Order On Board 22/02/2017 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 on 09.02.2017 in connection with Crime No. 46/2017, registered at Police Station- City Kotwali, District - Balodabazar - Bhatapara (C.G.) 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 whereby the applicant was found to be in possession of 27 bulk liters of country made liquor and the same was recovered from him and thereby the aforesaid offence was committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, the seizure was not made from the applicant and he is in jail since 09.02.2017; therefore, he may be

Page No.2 released on bail.

4.

On the other hand, learned State counsel opposes the prayer for grant of bail.

5.

Considering the facts and circumstances of the case, particularly the fact that it is the first offence of the applicant and he is in custody since 09.02.2017, this Court is of the view that it is a fit case where the applicant can be released on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed and 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 Raju