Allowed

Lokesh Patel v. State Of Chhattisgarh

Chhattisgarh HC19 Oct 2016MCRC/6384/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the applicant's bail application under Section 439 CrPC, directing his release on a personal bond with a surety, noting the quantity of seized liquor and the filed charge-sheet.

What did the court decide?

The applicant was ordered to be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum.

Lokesh Patel Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 6384 of 2016

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Lokesh Patel S/O Guharam Patel, Aged About 27 Years R/O Ward No. 17, Tilda, Police Station Nevara, District Raipur (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 Nevara, Tilda, District Raipur (Chhattisgarh).

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---- Respondent

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For Applicant : Mr. Suresh Tandon, Advocate For Respondent/State : Mr. Arvind Shukla, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri

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Order on Board

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19-10-2016

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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 on 10-9-2016 in connection with Crime No. 250 of 2016, registered at Police Station Navara, Tilda, District Raipur (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

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As per prosecution case, when a raid was conducted by the police party, the applicant was found in possession of illicit liquor measuring about 7.200 liters, the same was seized from him and thereby the aforesaid offence was committed.

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Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case, he is in jail since 10-92016, charge-sheet in this case has been filed and no further investigation is required, therefore, he may be released on bail.

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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

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the concerned SHO, the applicant has no previous antecedents of similar offence.

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I have heard learned counsel for the parties and have also perused the case diary and the documents.

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Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 7.200 liters, offence is triable by the JMFC, charge-sheet in this case has been filed and the applicant is in jail since 10-9-2016, this court is inclined to release the applicant on bail.

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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.

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Certified copy as per rules.

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Sd/-

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(Goutam Bhaduri) Judge

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Raju

Lokesh Patel v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Lokesh Patel v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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