Mohan Nepali v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Miscellaneous Criminal Case No. 8045 of 2016 Mohan Nepali S/o Shri Dhan Singh Nepali, aged about 24 Years R/o Krishna Nagar, Post Office Raipur, Police Station Gudhiyari, Raipur, Tahsil & District Raipur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh through Station House Officer, Police Station Gudhiyari, District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Shri Shivendu Pandya, Advocate For Respondent/State :

Shri Sangharsh Pandey, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05/12/2016 1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the Applicant, who has been arrested in connection with Crime No.189 of 2016 registered at Police Station Gudhiyari, District Raipur (Chhattisgarh) for the offence punishable under Section 34(2) of Excise Act.

2.

Case of the prosecution, in brief, is that 7.92 bulk litres of illicit liquor was seized by the police from the possession of the present Applicant.

3. Learned Counsel for the Applicant submits that the Applicant has been falsely implicated in the case and he is in jail since 05.07.2016, therefore, he may be released on bail.

4. On the other hand, Learned Counsel for the State opposes the bail

application.

5. Considering the quantity of liquor which is alleged to have been seized from the possession of the applicant and also the fact the applicant is in jail since 05.07.2016, prima facie, I am of the opinion that it is a fit case where the present applicant can be released on bail. 6.

Accordingly, the application for grant of bail is allowed. 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 Court for his appearance before the said Court as and when directed.

Sd/- (P. Sam Koshy) Judge Bhola