Sonu Dhidhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8497 of 2016 • Sonu Dhidhi S/o Harilal Dhidhi, Aged About 24 Years Caste - Satnami, R/o Village Khadwa, Police Station & Tahsil Simga, District Baloda Bazar - Bhatapara Chhattisgarh ---- Petitioner

Versus

• State of Chhattisgarh Through Police Station - Simga, District Balaoda Bazar - Bhatapara Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------------ For Applicant :

Mr. Anil Gulati, Advocate For Respondent/State :

Mr. Arvind Shukla, Panel Lawyer ----------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 09-01-2017 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 on 09-12-2016 in connection with Crime No. 351 of 2016, registered at Police Station Simga, District Baloda Bazar - Bhatapara (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 26.28 liters, 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 is in jail since 09-122016 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 26.28 liters, offence is triable by the JMFC and the applicant is in jail since 09-12-2016, 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/- (Goutam Bhaduri) Judge Raju