Allowed

Sudharam Chelak v. State of Chhattisgarh

Chhattisgarh HC13 Feb 2024MCRC/695/2024

Case brief

AI extract

What is this about?

This order grants regular bail to the applicant under Section 439 CrPC in a liquor possession case (Chhattisgarh Excise Act). The High Court balanced pre-trial detention duration, the nature of allegations, and the fact that the case is triable by a lower court, allowing bail upon bond and conditions.

What did the court decide?

Allow bail application. Release applicant on regular bail upon furnishing bond of Rs.25,000 with one surety under specified conditions.

Sudharam Chelak Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 695 of 2024

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1- Sudharam Chelak S/o Pancham Chelak Aged About 42 Years, R/o Village Khilora, Tahsil Simga, District Baloda Bazar Bhatapara Chhattisgarh

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---- Applicant

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Versus

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1- State Of Chhattisgarh, Through The Station House Officer, P.S. Simga, District Baloda-Bazar-Bhatapara Chhattisgarh

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---- Respondent

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For Applicant : Mr. Vijay K. Sahu, Advocate For Respondent/State : Ms. Nand Kumari Kashyap, P.L.

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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14/02/2024

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Applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested in connection with Crime No.111/2023, registered at Police Station – Simga, District – Baloda BazarBhatapara (C.G.) for offence punishable under Section 34 (2) of Chhattisgarh Excise Act.

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Case of the prosecution, in brief, is that on 16.10.2023, police received secret information that applicant is in illegal possession of country liquor in his house. Based on the information, police reached to the spot and during search, seized 6.120 bulk liter country liquor. Based on the seizure, applicant was arrested in

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the aforementioned crime.

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Learned counsel for the applicant submits that applicant has been falsely implicated in the crime in question. He has not committed any offence as alleged. He submits that seizure of liquor was not made from exclusive and conscious possession of applicant. Alleged liquor was seized from open place i.e. Badi. Offence is tribal by Judicial Magistrate First Class. Applicant is in jail since 16.10.2023. Hence, he may be enlarged on regular bail.

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Learned counsel for State opposes the submission of learned counsel for applicant, and would submit that there are nine other criminal antecedent against applicant of like nature. However, upon asking she submits that that last crime which was registered against applicant is of the year 2014.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstances, nature of allegation, submission of learned counsel for respective parties, period of pretrial detention of applicant and offence to be tribal by Judicial Magistrate First Class, without commenting anything on merits of the case, I am inclined to allow this bail application.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail upon his furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court below 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). 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 the 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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Balram

Sudharam Chelak v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sudharam Chelak 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

Coram

Case details

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