Allowed

Rajesh Sinha v. State Of Chhattisgarh

Chhattisgarh HC14 Sept 2016MCRC/5390/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh considered a bail application under Section 439 Cr.P.C. filed by an applicant arrested for possession of illicit liquor under the Chhattisgarh Excise Act. The court allowed bail upon furnishing a bond.

What did the court decide?

Application under Section 439 Cr.P.C. allowed; applicant released on bail on furnishing a personal bond of Rs. 25,000 with one surety.

Rajesh Sinha Vs State Of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 5390 of 2016

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Rajesh Sinha, S/o. Raghunath Sinha, aged about 28 years, R/o Village Amlidih, Police Station Chichola, District Rajnandgaon, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh, Through The Excise Circle, Dongargaon, District Rajnandgaon, Chhattisgarh.

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---- Respondent

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------------------------------------------------------------------------------------------------------ For Applicant : Mr. S.S. Baghel, Advocate For Respondent/State : Mr. Vivek Singhal, Panel Lawyer -------------------------------------------------------------------------------------------------------

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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14/09/2016

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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. 156/2016 registered at – Police Station – Excise Circle- Dongargarh, District - Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

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The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 18.00 liters and he was arrested on 13.08.2016.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 13.08.2016, therefore, he may be released on bail.

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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.

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Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 18.00 liters; offence is triable by the JMFC and the applicant is in jail since 13.08.2016, this Court is inclined to release the applicant on bail.

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

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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.

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Sd/- (Goutam Bhaduri) Judge

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Santosh

Rajesh Sinha v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajesh Sinha v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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