Rampal Sarthi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7728 of 2016 Rampal Sarthi, S/o. Padkoo Sarthi, Aged About 38 Years, R/o. VillageGatadeeh, Police Station- Sarsiwan, District- (Revenue & Civil)- Balodabazar-Bhatapara, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through: Police Station- Sarsiwan, District ( Revenue & Civil ) - Balodabazar-Bhatapara, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Anand Kesharwani, Advocate For Respondent :

Mr. Arvind Shukla, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/12/2016 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.154/2016 registered at Police Station- Sarsiwan, District BalodabazarBhatapara (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 27 bulk liters and he was arrested on 02.11.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 02.11.2016; 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 27 bulk liters, offence is triable by the JMFC and the applicant is in jail since 02.11.2016, 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