Rakesh Bhatt v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1516 of 2018 Rakesh Bhatt S/o Late Lakhan Bhatt Aged About 33 Years R/o- Purani Basti, Kharsia, P.S. And Tahsil Kharsia, District- Raigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- Police Chowki In-Charge Kharsia, P.S. Kharsia District- Raigarh, Chhattisgarh.

---- Respondent For the Applicant :

Shri F.S. Khare, Advocate.

For the Respondent/State :

Shri Anant Bajpai, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

06.03.2018 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 applicant who has been arrested in connection with Crime No.56 of 2018, registered at Police Station Kharsia, District - Raigarh, Chhattisgarh for the offence punishable under Sections 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.400 bulk liters and he was arrested on 29.1.2018.

3.

Learned counsel for the applicant submits that the applicant is in jail since 29.1.2018 and the applicant has been falsely implicated in this case; therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has three previous criminal antecedents having one case under the provisions of Chhattisgarh Excise Act and two cases under the provisions of Code of Criminal Procedure. 5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.400 bulk liters; offence is triable by the JMFC and the applicant is in jail since 29.1.2018, this Court is inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the 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.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi