Allowed

Ashish Trivedi v. State Of Chhattisgarh

Chhattisgarh HC5 Jul 2016MCRC/3281/2016

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed under Section 439 Cr.P.C, granting bail to the applicant charged under the Chhattisgarh Excise Act for possession of illicit liquor, directing release upon furnishing a personal bond and surety.

What did the court decide?

Bail allowed; applicant to be released on furnishing a personal bond of Rs. 25,000 with one surety in the like sum.

Ashish Trivedi Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2016)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

MCRC No. 3281 of 2016

¶4

Ashish Trivedi, S/o Kamal Prasad Trivedi, Aged About 24 Years, R/o. Panchwati Nagar, Mowa, Kapa, P.S. Pandari Post Raipur, Civil & Revenue District Raipur, District Raipur Chhattisgarh

¶5

---- Applicant

¶6

Versus

¶7

State of Chhattisgarh Through : Police Station Pandari, District Raipur Chhattisgarh

¶8

---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant : Mr. Prasoon Agrawal, Advocate For Respondent/State : Mr. Vivek Singhal, Panel Lawyer

¶9

Hon'ble Shri Justice Goutam Bhaduri

¶10

Order On Board

¶11

05/07/2016

¶12

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. 108/2016 registered at Police Station- Pandari, District – Raipur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

¶13

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.4 liters and he was arrested on 02.05.2016.

¶14

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 02.05.2016, therefore, he may be released on bail.

¶15

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.

¶16

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.4 bulk liters; offence is triable by the JMFC and the applicant is in jail since 02.05.2016, this Court is inclined to release the applicant on bail.

¶17

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

¶18

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.

¶19

Certified copy as per rules.

¶20

Sd/-

¶21

(Goutam Bhaduri) Judge

¶22

Santosh

Ashish Trivedi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ashish Trivedi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramnarayan Sarthi Vs State Of Chhattisgarh

Ashok Kumar and Anr. Vs State Of Chhattisgarh

Lalit Katale Vs State Of Chhattisgarh

Ram Ji Vs State Of Chhattisgarh

Chandrahas Yadav Vs State Of Chhattisgarh

Dr. Neelkanth Sahu Vs State Of Chhattisgarh