Allowed

Umashankar Gond v. State Of Chhattisgarh

Chhattisgarh HC8 Mar 2017MCRC/1300/2017

Case brief

AI extract

What is this about?

This order grants bail to Umashankar Gond, accused of possessing illicit liquor. The Single Judge allowed the first bail application noting the absence of prior antecedents and the quantity of seized liquor, directing release on a personal bond with a surety.

What did the court decide?

Bail granted on personal bond of Rs.25,000 with one surety in like sum to the satisfaction of the concerned trial Court.

Umashankar Gond Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2017)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1300 of 2017

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Umashankar Gond, S/o. Ram Singh, Aged About 25 Years, R/o. College Road, Atal Awaas, Ward No. 8 Dongargaon, District Rajnandgaon, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh, Through- The Police Station Dongargaon, DistrictRajnandgaon, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. S.S.Baghel, Advocate For Respondent : Mr. Vinod Tekam, Panel Lawyer

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--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

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Order On Board

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08/03/2017

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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.53/2017 registered at Police Station- Dongargaon, 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 8.640 bulk liters and he was arrested on 06.02.2017.

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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 06.02.2017; therefore, he may be released on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail, however, he 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 8.640 bulk liters, offence is triable by the JMFC and the applicant is in jail since 06.02.2017, 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

Umashankar Gond v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Umashankar Gond v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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