High Court Of ChhattisgarhMCRC/3362/2017allowed

Chintaram Mahilang v. State Of Chhattisgarh

2017-06-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3362 of 2017 • Chintaram Mahilang S/o Shri Rambharos Mahilang, Aged About 49 Years R/o Village- Khujha, Police Station Mungeli , Tehsil- Mungeli, District- Mungeli, Chhattisgarh. --- Appellant

Versus

• State of Chhattisgarh through Officer in Charge, Police Station Mungeli, District- Mungeli, Chhattisgrha. --- Respondent For the applicant : Mr. Atuk Kumar Kesharwani, Advocate For the Respondent : Mr. Adil Minhaj, Panel Lawyer Hon'ble Shri Justice GOUTAM BHADURI Order on Board .06.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 176/2017 registered at Police Station City Kotwali, Mungeli, Distt. Mungeli (C.G) for the offence punishable under Sections 34(1)(a) & 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid was conducted by the Police on 06.04.2017, from the possession of the applicant 6.120 bulk litres of illicit liquor was seized.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure was made in person from him. He further submits that the applicant is in jail since 06.04.2013 and the alleged seizure having been made, no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he submits that no past antecedents of similar nature of offence u/s 34(2) of the C.G. Excise Act

stand recorded against the applicant.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is only 6.120 bulk litres; offence is triable by the JMFC and the applicant is in jail since 06.04.2017 this Court is inclined to release him on bail.

6. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the said Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao