Golu Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3401 of 2017 • Golu Sahu, S/o Samaru Sahu, aged about 19 years, R/o Nearby Shiv Mandir, City Station Pandari, Police Station Civil Lines, District Raipur (CG) ---- Applicant (In Jail)

Versus

• State Of Chhattisgarh Through : Police Station Civil Lines, Raipur District Raipur ---- Non-applicant For Applicant :

Shri Kishore Narayan, Advocate.

For Respondent :

Smt. M. Asha, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 13/06/2017

1. The applicant has preferred this application under Section 439 Cr.P.C. for grant of regular bail as he is in custody since 13.1.2017 in connection with Crime No.40/17 registered at Police Station Civil Lines, Raipur for the offence punishable under Section 34 (2) of the Excise Act.

2. Case of the prosecution, in brief, is that the applicant has been found in illegal possession of 10.620 bulk litres of country made liquor.

3. Learned counsel for the applicant submits that the applicant is in jail since 13.1.2017, therefore, he may be released on bail.

4. On the other hand, learned counsel for the State has opposed the bail application.

5. Considering the total facts and circumstances of the case, particularly the quantity of liquor and the fact that the applicant is in jail since 13.1.2017,

without commenting on merits, this Court is of the opinion that present is a fit case where the applicant should be enlarged on bail.

6. Accordingly, the bail application is allowed. It is directed that on applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court below concerned, he be released on bail for his appearance before the Court below concerned as and when directed.

7. Certified copy as per rules.

Sd/- (P. Sam Koshy) Vacation Judge roshan/-