Premlal Chhatre v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5332 of 2016 Premlal Chhatre, aged about 30 years, S/o. Shri Kartikram, R/o. Jarhabhaata Minibasti, Police Station - Civil Lines, Bilaspur, Tahsil Bilaspur, Civil and Revenue District - Bilaspur (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through : the Station House Officer, P.S. - Civil Lines, Bilaspur, District - Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. Sunil Pillai, Advocate For Respondent :

Mr. Vinod Tekam, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 14/09/2016

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.474/2016, registered at Police Station- Civil Lines, District - Bilaspur (C.G.) for the offence punishable under Section 4 (d) of the Gambling Act and Section 34 (A) of the Chhattisgarh Excise Act, 1915.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.400 liters and the applicant was also involved in gambling and he was arrested on 08.08.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 08.08.2016; therefore, he may be released on bail.

Page No.2 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 5.400 liters; offence is triable by the JMFC and the applicant is in jail since 08.08.2016, this Court is inclined to release the applicant on bail.

6.

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

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram