High Court Of ChhattisgarhMCRC/6138/2019allowed

Anand Kerketta @ Michle v. State Of Chhattisgarh

2019-09-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6138 of 2019 • Anand Kerketta @ Michle, S/o Francis Kerketta, Aged About 27 Years, Caste Christian, R/o C. A. F. Line, Katul Board, Police-Station-Mohan Nagar, Durg, Tahsil & District-Durg, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Chowki Mohara, Police-Station-Dongargarh, District-Rajnandgaon, Chhattisgarh.

---- Respondent ____________________________________________________________________ For Applicant :

Mrs. Mandvi Bhardwaj, Advocate.

For Non-applicant/State :

Mr. C.B. Kesharwani, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-09-2019

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. 227/2018, registered at Police Station-Dongargarh, District-Rajnandgaon Police ChowkiMohara, Dongarhgarh(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 54 bulk liters and he was arrested on 2.11.2018.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 2.11.2018. similarly placed co-accused persons have been granted bail; therefore, he may also be released on bail.

4. Learned State counsel opposes the prayer for grant of bail, however, he

-2would 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 54 bulk liters; offence is triable by the JMFC and the applicant is in jail since 2.11.2018, 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. 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha