Allowed

Satyam Kumar Suryavanshi v. State Of Chhattisgarh

Chhattisgarh HC11 Jan 2018MCRC/16/2018

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application filed under Section 439 Cr.P.C. for an applicant arrested for possessing illicit liquor under the Chhattisgarh Excise Act, directing release on 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 for appearance as directed.

Satyam Kumar Suryavanshi Vs State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2018)

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Page No.1

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.CR.C. No. 16 of 2018

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Satyam Kumar Suryavanshi, S/o. Late Shri Purshottam, Aged About 35 Years, R/o. Mahamaya Para, Ratanpur, Tahsil - Kota, District - Bilaspur Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh, Through : P. S. Ratanpur, District - Bilaspur Chhattisgarh.

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---- Respondent For Applicant : Mr. Sudeep Agrawal, Advocate For Respondent : Mr. Anupam Dubey, Dy. G. A.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant

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Order On Board

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11/01/2018

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Heard on the application for ad-interim relief.

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The grounds for the application for ad-interim relief are treated as prayer for urgent hearing and the application under Section 439 of Cr.P.C. is taken up for hearing.

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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. 373/2017, registered at Police Station- Ratanpur, District – Bilaspur (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 6.120 bulk liters and he was arrested on 09.12.2017.

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Page No.2

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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 09.12.2017; therefore, he may be released on bail.

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Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information 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 6.120 bulk liters; offence is triable by the JMFC and the applicant is in jail since 09.12.2017, 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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Certified copy today.

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Sd/- (Rajendra Chandra Singh Samant) Judge

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Balram

Satyam Kumar Suryavanshi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Satyam Kumar Suryavanshi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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