Devnath v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3788 of 2017 • Devnath S/o Bonja, Aged About 42 Years R/o Village Dashapal, Bakawand, District Jagdalpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Outpost Bakawand, Police Station Nagarnar, District Jagdalpur, Chhattisgarh ------Respondent For Applicant : Shri Ganesh Ram Barman, Advocate.

For Respondent : Shri Neeraj Jain, Govt. Advocate for the State. Hon'ble Shri Justice P. Sam Koshy Order On Board On 15.06.2017.

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.70/2017 registered at Out Post Bakawand, Police Station Nagarnar, Distt, Jagdalpur for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

Case of the prosecution, in brief, is that 5.415 bulk liters of illicit country made and foreign liquor was seized by the police from the present applicant.

3.

Learned counsel for the applicant submits that the applicant is in detention since 09.4.2017. 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 quantity of liquor and also considering the fact that the applicant is in detention since 09.4.2017, this Court is of the opinion that present is the 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 solvent sureties in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

9.

If any similar criminal antecedent of the applicant is pointed out at a later stage, the instant bail order shall automatically stand cancelled. Certified copy as per rules.

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