Omkar Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.3899 of 2017 Omkar Sahu S/o Punnilal Sahu, Aged About 50 Years R/o Bhatli Khurd, P.S. Jarhagaon, Civil District Bilaspur And Revenue District - Mungeli, Chhattisgarh. ------Applicant

Versus

State of Chhattisgarh Through : Police Station Jarhagaon, Civil District Bilaspur, And Revenue District - Mungeli, Chhattisgarh. ------Respondent For Applicant : Shri Pallav Mishra, Advocate.

For Respondent : Shri Arun Sao, Govt. Advocate for the State. Hon'ble Shri Justice Anil Kumar Shukla Order On Board On 01.06.2017.

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.116/2017 registered at Police Station Jarhagaon, District Bilaspur, for the offence punishable under Section 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 7 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 25.05.2017. 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 small quantity of liquor and also considering the fact that the applicant is in detention since 25.05.2017, 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.10,000/- with one surety 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.

10. Certified copy as per rules.

Sd/- (Anil Kumar Shukla) V. JUDGE sharma