Ramanand Bagh v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6331 of 2016 Ramanand Bagh, S/o. Angad Ram Bagh, Aged About 41 Years, Occupation Driver, R/o. Akashwani Utkal Nagar, Police Station City Kotwali, Raipur, District Raipur, Chhattisgarh. (Mob.No. 7415158883 ). ---- Applicant
Versus
State Of Chhattisgarh, Through Police Station City Kotwali, Raipur, District Raipur, Chhattisgarh.
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. C.R.Sahu, Advocate For Respondent :
Mr. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/10/2016 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.252/2016 registered at Police Station- City Kotwali, Raipur, District Raipur (C.G.) for the offence punishable under Section 34(2) of the Excise Act.
2.
The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 8.840 bulk liters and he was arrested on 19.09.2016.
3.
Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 19.09.2016; therefore, he may be released on bail. 4.
Per contra, learned State counsel opposes the prayer for grant of bail, however, she 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 8.840 bulk liters, offence is triable by the JMFC and the applicant is in jail since 19.09.2016, 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/ remand Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok