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High Court Of ChhattisgarhMCRC/3926/2017allowed

Ajay Kumar Sahu v. State Of Chhattisgarh

2017-06-14Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3926 of 2017 Ajay Kumar Sahu S/o Shambhu Ram Sahu, Aged About 32 Years R/o Village Udhnapur, Police Station Khadgawa, District Korea Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station Khadgawa, District Korea Chhattisgarh ---- Respondent For Applicant/s :

Shri Anil Gulati, Advocate.

For Respondent / State :

Shri Lav Sharma, Panel Lawyer.

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

The instant bail application has been filed under Section 439 of CrPC in connection with Crime No.67/2017 registered at police station - Khadgawa, District - Korea, C.G. for the offences punishable under Sections 34 (2) of the Chhattisgarh Excise Act.

2.

Case of the prosecution, in brief, is that 5.4 bulk liters of illicit foreign liquor was seized by the police from the present applicant. 3.

Learned counsel for the applicant submits that the applicant is in jail since 28/04/2017. 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, small quantity of liquor and also considering the fact that

the applicant is in jail since 28/04/2017, 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 CrPC 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. Certified copy as per rules.

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