Jogendra Kumar v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3454 of 2017 • Jogendra Kumar S/o Shri Kali Ram, Aged About 27 Years Caste Suryawanshi, R/o Village Jhalmala, Police Station Mulmula, Civil & Revenue District Janjgir Champa, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Mulmula (Wrongly Mentioned Through The District Magistrate Janjgir) Civil & Revenue District Janjgir Champa, Chhattisgarh. ---- Respondent For Applicant :

Shri Paras Mani Shrivas, Advocate.

For Respondents/State :

Shri S.K.Mishra, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 14/06/2017 1.

The present applicant is in jail since 18.04.2017 in connection with Crime No.50/2017 registered at Police Station Mulmula, Dist. Janjgir-Champa (C.G.), for the commission of offence punishable under Section 34(2) of the Excise Act, 2.

Case of the prosecution, in brief, is that 18 bulk liters of illicit country made liquor was seized from the possession of the present applicant by the police.

3.

Learned counsel for the applicant submits that the applicant is in detention since 18.04.2017. He further submits that the applicant has no criminal antecedents and has been falsely implicated in the case and that trial is likely to take some more time, 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 learned counsel for the parties and perused the case diary.

-26.

Without commenting on merits, considering the totality of the facts and circumstances of the case, quantity of liquor and also considering the fact that the applicant is in detention since 18.04.2017, this Court is of the opinion that the present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the present bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that in case if the applicant furnishes a personal bond for a sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned trial Court, then he shall be released on bail. The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (P. Sam Koshy) V. Judge Anjani