Pradeep Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2784 of 2016 • Pradeep Kumar S/o Late Kanwal Singh Aged About 32 Years R/o Village Balodgahan, Police Station - Gurur, District - Balod Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through Station House Officer, Police Station - Gurur, District - Balod Chhattisgarh -- Respondent For the applicant :

Mr. Purnendra Khichariya Advocate For the Respondent :

Ms. Shobha Kashyap, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 13.06.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 301/2016 registered at P.S. Gurur, District Balod (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 5.580 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 26.4.2016 and the alleged seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, she submits that the concerned SHO has reported that the applicant has no criminal antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 5.580 bulk litres; offence is triable by the JMFC and the

applicant is in jail since 26.4.2016 this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o