Setram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5940 of 2016 • Setram S/O Shivcharan Aged About 55 Years Caste Satnami, R/O Village Kharwani, Police Station Jaijaipur, District Janjgir Champa, Chhattisgarh. ---- Applicant (In jail)

Versus

• State Of Chhattisgarh Through The District Magistrate Janjgir, Police Station Jaijaipur, District Janjgir Champa, Chhattisgarh. (The Case Has Been Registered By Excise Circle Baradwar, District Janjgir Champa, Chhattisgarh.) ---- Non-applicant ------------------------------------------------------------------------------------------ For Applicant :

Shri Rakesh Pandey, Advocate For Non-applicant/State :

Shri Luv Sharma, Panel Lawyer ------------------------------------------------------------------------------------------ Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.09.2016 1) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant who has been arrested on 29.08.2016 in connection with Crime No. 140 of 2016, registered at PS Excise Circle Baradwar, district Janjgir Champa (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2) As per prosecution case, when a raid was conducted by the police party, the applicant was found in possession of illicit liquor measuring about 7 litres, the same was seized from him and thereby the aforesaid offence was committed. 3) Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case, he

mcrc 5940 of 2016 is in jail since 29.08.2016 and no further investigation is required, therefore, he may be released on bail. 4) On the other hand, 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) I have heard learned counsel for the parties and have also perused the case diary and the documents.

6) Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7 liters, offence is triable by the JMFC and the applicant is in jail since 29.08.2016, this Court is inclined to release the applicant on bail.

7) Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his 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.

Certified copy as per rules.

Sd/- Sd/- (Goutam Bhaduri) JUDGE raju