Chattisgarh High Court
Nakul Kumar Sahu vs State Of Chhattisgarh on 21 February, 2017
Author: P. Sam Koshy
Bench: P. Sam Koshy
-1-
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MISC. CRIMINAL CASE NO. 1331 OF 2017
Nakul Kumar Sahu S/o Chandrika Sahu, aged about 28 years, R/o village
Doma, Post Office & Police Station Sejbahar, Raipur, District Raipur (CG).
... Applicant
Versus
State of Chhattisgarh, through Station House Officer, Police Station
Sejbahar (Mujgahan) (wrongly mentioned the police station as Urla in the
rejection order), Raipur, District Raipur (CG).
... Respondent
For Applicant : Shri Shivendu Pandya, Advocate. For Respondent-State : Shri Wasim Miyan, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board 21/02/2017
1. This is the first bail application seeking for grant of bail to the Applicant who is in jail since 05.02.2017 in connection with Crime No. 20 of 2017 registered at Police Station Sejbahar (Mujgahan) Raipur, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.
2. As per the prosecution, on search being made total 32.40 bulk liters of illicit liquor was seized from the unlawful possession of the Applicant and therefore he has been charged with the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and was arrested on 05.02.2017.
3. Learned Counsel for Applicant submits that the Applicant is innocent, he has been falsely implicated in the instant case and no liquor has been seized from his exclusive possession. He further submits that the Applicant is in custody since 05.02.2017 and therefore he may be enlarged on bail.
-2-
4. Opposing the bail application, learned Counsel for the State submits that the Applicant was found to be in unlawful possession of 32.400 bulk liters of illicit liquor and therefore he may not be enlarged on bail.
5. Without commenting on merits, considering the totality of the facts and circumstances of the case and taking into account the quantity of liquor alleged to have been seized as also the fact that the Applicant is in detention since 05.02.2017, this Court is of the opinion that the present is a fit case where the Applicant can be enlarged on bail.
6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.
Sd/-
(P. Sam Koshy) Judge inder