Dinesh Dewangan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5871 of 2016 Dinesh Dewangan, S/o. Kabilal Dewangan, Aged About 35 Years, R/o. Village Aatergaon, Thana Ambagarh Chowki, Excise Circle Ambagarh Chowki, Civil & Revenue District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Officer In Charge Of The Excise Circle Ambagarh Chowki, Civil & Revenue District Rajnandgaon, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Punit Ruparel, Advocate For Respondent :

Mr. Vivek Singhal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/09/2016 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.126/2016 registered at Police Station- Excise Circle Ambagarh Chowki, District Rajnandgaon (C.G.) 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 12 bulk liters and he was arrested on 19.08.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 19.08.2016; therefore, he may be released on bail. 4.

Per contra, 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 12 bulk liters, offence is triable by the JMFC and the applicant is in jail since 19.08.2016, 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. Sd/- (Goutam Bhaduri) Judge Ashok