Nitin Saraswat And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 853 OF 2016 1.

Nitin Saraswat S/o Nathilal aged about 31 years resident of LIG 251 New Borsi P.S. Pulgaon District Durg Civil and Revenue District Durg (C.G.) 2.

Rohit Kumar Bagri S/o Kamla Prasad Bagri aged about 22 years R/o HIG 61 New Borsi P.S. Pulgaon Tehsil and District Durg (C.G.) ---Applicants

Versus

State of Chhattisgarh Through District Magistrate District Rajnandgaon (C.G.) ---Non-applicant For Applicants :

Mr. Goutam Khetrapal, Advocate For Non-applicant :

Mr. Vivek Singhal, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 01/03/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 243/2015, registered at Police Station Somni, District Rajnandgaon (C.G.), for the offence punishable under Sections 186, 353, 427, 34 IPC,

34(2) of the Chhattisgarh Excise Act and 130(1)/177, 66/192, 146/196, 39/192 of Motor Vehicle Act. 2.

After hearing learned counsel appearing for the parties and taking into consideration the nature and gravity of offence; quantity of liquor i.e. 86.4 bulk liters seized from the applicants; and further taking into consideration the provisions contained in Section 59-A(ii) of the Chhattisgarh Excise Act, this Court is not inclined to release the applicants on regular bail.

3.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

4.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari