Khirlal Dhidhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1309 of 2017 • Khirlal Dhidhi S/o Shri Devkumar Dhidhi, Aged About 30 Years R/o Village Amsena, Police Station Arang, District- Raipur, Chhattisgarh. Mo. No. 8435093793 ---- Petitioner

Versus

• State of Chhattisgarh Through- Station House Officer, Police StationAarang, District- Raipur, Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------------------- For Applicant :

Mr. C.R. Sahu, Advocate For Respondent/State :

Mr. Neeraj Mehta, Panel Lawyer ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 15-03-2017 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 on 6-2-2017 in connection with Crime No. 79 of 2017, registered at Police Station Arang, District Raipur (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, the applicant was found in possession of illicit liquor measuring about 6.300 liters, the same was seized from him 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 6-22017 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.

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 6.300 liters, offence is triable by the JMFC and the applicant is in jail since 6-2-2017, 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