Allowed

Vikas @ Santu v. State Of Chhattisgarh

Chhattisgarh HC14 Dec 2016MCRC/7868/2016

Case brief

AI extract

What is this about?

High Court of Chhattisgarh allowed first bail application for regular bail of petitioner arrested for possessing illicit liquor under Chhattisgarh Excise Act. Court inclined to release on personal bond with one surety.

What did the court decide?

Petitioner released on bail by furnishing personal bond of Rs. 25,000 with one surety in like sum to satisfaction of concerned trial court.

Vikas @ Santu Vs State Of Chhattisgarh — Landlord and Tenant | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7868 of 2016

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Vikas @ Santu S/o Karan Singh Aged About 35 Years R/o Village Faradfod, Police Station- Devri, District Balod, Chhattisgarh.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Devri, District Balod, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Aman Kesharwani, Advocate For Respondent/State : Mr. Wasim Miyan, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri

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Order on Board

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14-12-2016

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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 28-8-2016 in connection with Crime No. 97 of 2016, registered at Police Station Devri, District Balod (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 6.660 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 28-82016, 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 6.660 liters, offence is triable by the JMFC, charge-sheet in this case has been filed and the applicant is in jail since 288-2016, 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

Vikas @ Santu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vikas @ Santu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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