High Court Of ChhattisgarhMCRC/3382/2017allowed

Nandlal Devdas v. State Of Chhattisgarh

2017-06-12Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.

• Nandlal Devdas S/o Motilal Devdas Aged About 50 Years R/o Village Titurdih Stationpara Beside Railway Line Ward No. - 22, Police Station- Mohan Nagar, Tehsil And District- Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station- Mohan Nagar, District- Durg, Chhattisgarh.

---- Non-applicant For Applicant : Mr. S.K. Agrawal,Advocate.

For Non-applicant : Mr. Adhiraj Surana, Dy. Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 12.06.2017

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.172/2017 registered at Police Station - Mohan Nagar, District - Durg (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 54 bulk liters of illicit country made liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 07.04.2017.He further submits that applicant has no criminal background and has been falsely implicated in the case, and

therefore, the applicant may be released on bail.

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

5. I have heard the counsel appearing for the parties.

6. Without commenting on merits, considering the totality of the facts and circumstances of the case and also considering the fact that the applicant is in detention since 07.04.2017, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with two sureties in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9. Certified copy as per rules.

Sd/- (P. Sam Koshy) V. JUDGE kishore