Hemant Kumar Khatri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5699 of 2019 Hemant Kumar Khatri S/o - Chandra Kumar Khatri Aged About 19 Years R/o - Village Karhibhadar, Police Station Balod, Tahsil And District Balod Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate - Balod, District Balod Chhattisgarh.

---- Respondent For the Applicant :

Shri Vedant Bhelonde, Advocate on behalf of Shri P.R. Patankar, Advocate.

For the Respondent/State :

Shri Roshan Dubey, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

02.09.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.358 of 2019, registered at Police Station Balod, District - Balod, Chhattisgarh for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 15 half liter bottles of countrymade liquor and he was arrested on 6.8.2019. 3.

Learned counsel for the applicant submits that the applicant is in jail since 6.8.2019 and the applicant has been falsely implicated in this case;

therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State 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 15 half liter bottles of country-made liquor; offence is triable by the JMFC and the applicant is in jail since 6.8.2019, this Court is inclined to release 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 in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi