Allowed

Mansha Ram v. State Of Chhattisgarh

Chhattisgarh HC3 Oct 2016MCRC/6039/2016

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court allowed the release of the applicant arrested for possession of illicit liquor under the Chhattisgarh Excise Act, directing him to furnish a personal bond with one surety.

What did the court decide?

Bail allowed on furnishing a personal bond for Rs. 25,000/- with one surety in like sum to the satisfaction of the concerned trial Court.

Mansha Ram Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2016)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 6039 of 2016

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Mansha Ram, S/o. Shri Saheb Das, Aged About 40 Years, R/o. Village Gondkhamhi, Police Station & Tahsil Lormi, Revenue District Mungeli & Civil District Bilaspur, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh, Through the Station House Officer, Police Station Lormi, Revenue District Mungeli & Civil District Bilaspur, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Paras Mani Shriwas, Advocate For Respondent : Ms. Sunita Jain, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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03/10/2016

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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.360/2016 registered at Police Station- Lormi, District Mungeli (C.G.) for the offence punishable under Section 34(1)(A), 34(2) & 59(A) 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 5.5 bulk liters and he was arrested on 30.08.2016.

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Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 30.08.2016; therefore, he may be released on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information

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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 5.5 bulk liters, offence is triable by the JMFC and the applicant is in jail since 30.08.2016, 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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Ashok

Mansha Ram v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mansha Ram v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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