Himmat Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1484 of 2017 • Himmat Chouhan S/o Balkishan Chouhan Aged About 30 Years R/o Subhash Nagar, Dewarpara, Police Station Telibandha, Raipur, District Raipur (C.G.) ---- Petitioner

Versus

• State of Chhattisgarh Through Police Station Telibandha, Raipur, District Raipur Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Kishore Narayan, Advocate For Respondent/State :

Mr. Ashok Swarnakar, Panel Lawyer ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 22-03-2017 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 30-1-2017 in connection with Crime No. 43 of 2017 registered at Police Station Telibandha, Raipur, 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 6.120 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 30-12017 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 6.120 liters, offence is triable by the JMFC and the applicant is in jail since 30-1-2017, this court is 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