Allowed

Goutam Bariha v. State of Chhattisgarh

Chhattisgarh HC29 Nov 2023MCRC/7257/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the bail application filed by Goutam Bariha arrested under the Chhattisgarh Excise Act. The court relied on the place of seizure, detention period, and nature of the trial court to grant bail without commenting on merits.

What did the court decide?

Applicant released on regular bail upon furnishing a bail bond of ₹ 25,000/- with one surety in the like sum.

Goutam Bariha Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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MCRC No. 7257 of 2023

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Goutam Bariha S/o Shri Siyasingh Aged About 30 Years Caste - Binjhawar, R/o Ganeshpur, Police Station - Basna, District - Mahasamund (C.G.)

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------Applicant

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VERSUS

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State of Chhattisgarh through - the Station House Officer, Police Station - Basna, District - Mahasamund (C.G.)

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------- Non-applicant

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For Applicant : Ms. Laxmin Kashyap, Advocate. For Non-applicant : Mr. Priyanshu Gupta, Panel Lawyer

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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29/11/2023

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Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 455/2023 registered at Police Station – Basna District Mahasamund (C.G.) for offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.

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Case of prosecution is, that on 29.08.2023 based on the secret information, police raided the house of applicant and during search seized 25 bulk liters of mahua liquor from open ground behind his house. Based on the seizure of the illicit liquor, applicant was arrested on 29.08.2023.

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Learned counsel for applicant submits that applicant has been falsely implicated in the crime, the alleged seizure of liquor is from open place accessible to all and therefore it cannot be said the liquor is seized from exclusive possession of the applicant. He is in jail since last about 03 months. There is no other criminal antecedents against applicant of any nature, therefore, he may be released on bail.

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Learned State counsel opposes the submission of learned counsel for applicant and submits that alleged liquor has been seized from behind the house of applicant. Upon putting specific query, learned State counsel submits that the liquor is seized from the “open place”. He further contended that in the case diary, as per the report submitted by the concerned police station there is no antecedent against applicant.

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I have heard learned counsel for the parties.

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Taking into consideration, submission of learned counsel for applicant, place of seizure of liquor, period of detention and the offence to be triable by the Judicial Magistrate, First Class, without commenting anything on merits, I am inclined to allow the bail application.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

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a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

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b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

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c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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Sd/(Parth Prateem Sahu) Judge

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/pwn

Goutam Bariha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Goutam Bariha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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