Man Sai Mourya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3526 of 2017 • Man Sai Mourya S/o Tati Ram Mourya, Aged About 40 Years, R/o Dongriguda Police Station Parpa, Tahsil Lokapal District- Bastar, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Incharge Police Station Frezarpur District- Bastar, Chhattisgarh.

---- Non-applicant For Applicant - Smt. Usha Chandrakar, Advocate. For Non-applicant/State - Shri Anil Pandey, Govt. Advocate. Hon'ble Shri Justice Goutam Bhaduri Order on Board 14-06-2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.83/2017 registered in Police Station Frezarpur, District Bastar, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring 5.910 bulk liter and he was arrested on 25-04-2017.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 25-04-2017. She further submits that charge sheet has been filed and no further investigation is necessary, therefore, the applicant may be released on bail. 4.

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 5.910 bulk liter; offence is triable by the JMFC and the applicant is in jail since 25-04-2017, this Court is inclined to

-2release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the 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 solvent surety in the like sum to the satisfaction of the concerned trial court for his appearance before the said court as and when directed.

8.

C.C. as per rules.

Sd/- (Goutam Bhaduri) Vacation Judge Aadil