Allowed

Vimal Das v. State Of Chhattisgarh

Chhattisgarh HC15 Dec 2016MCRC/7971/2016

Case brief

AI extract

What is this about?

In this bail application, the High Court of Chhattisgarh allowed the relief of regular bail to the petitioner arrested for possession of illicit liquor. The court considered the totality of circumstances and the quantity of seized liquor before ordering release on personal bond.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 25,000/ with one surety.

Vimal Das 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. 7971 of 2016

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Vimal Das S/o Shri Shiv Kumar Das Aged About 38 Years R/o Urla, Bazaar Chowk, Raipur, District Raipur, Chhattisgarh.

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Police Station Urla, District Raipur, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. S. Gupta, 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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15-12-2016

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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 17-11-2016 in connection with Crime No. 283 of 2016, registered at Police Station Urla, 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 5.400 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 17-112016 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 5.400 liters, offence is triable by the JMFC and the applicant is in jail since 17 -11-2016, 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

Vimal Das v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vimal Das v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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