Chunnilal Pegad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3358 of 2017 Chunnilal Pegad, S/o. Late Bhawani Pegad, Aged About 29 Years, R/o. Village Baghanpal Chalki Para, Police Station Lohandiguda, Civil & Revenue District Bastar, Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh, Through the Police Chowki Bastar, Police Station Lohandiguda, Civil & Revenue District Bastar, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Punit Ruparel, Advocate For Respondent :

Mr. Avinash Singh, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/06/2017 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.23/2017 registered at Police Station- Lohandiguda, District Bastar (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 20 bulk liters and he was arrested on 07.04.2017.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 07.04.2017; therefore, he may be released on bail. 4.

Per contra, 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.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 20 bulk liters, offence is triable by the JMFC and the applicant is in jail since 07.04.2017, 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. Sd/- (Goutam Bhaduri) Vacation Judge Ashok