← Library
High Court Of ChhattisgarhMCRC/3614/2016dismissed

Kunjlal v. State Of Chhattisgarh

2016-07-25Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3614 of 2016 • Kunjlal S/o Pholchand Satnami Aged About 60 Years R/o Village Banshakra, Thana Simga, Tehsil Simga, Civil & Revenue District Baloda Bazar Bhatapara, Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh through Excise Circle Officer In Charge Bhatapara, Civil & Revenue District Baloda Bazar, Chhattisgarh.

--- Respondent For the applicant :

Mr. Puneet Ruparel, Advocate For the Respondent :

Miss K. Tripti Rao, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 25.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.09 of 2016 registered at P.S. Excise Circle Bhatapara, Civil and Revenue Distt. Baloda Bazar (C.G) for the offence punishable under Section 34(1)(A), 34(2) and 59(A) of the Chhattisgarh Excise Act.

2. As per the prosecution case, when a raid was conducted on 20.04.2016, from the possession of the applicant 43.920 bulk litres of illicit liquor was seized thereby the offence is committed.

3. Learned counsel for the applicant submits that the applicant is aged about 60 years and he has been falsely implicated. He further submits that no seizure has been made from the possession of applicant in person.

4. Per contra, learned State Counsel opposes the bail

application and submits that earlier two similar nature of cases were registered against the applicant vide Crime No.165/2014 for the offence u/s 36(C) and Crime No.13/2015 of 2015 under section 34(1)(a) of the C.G. Excise Act which are still pending.

5. Learned counsel for the applicant do not dispute the fact that two other cases under Excise Act are pending against the applicant.

6. Considering the fact that the applicant has repeated the crime while he was enlarged on bail in the above excise cases, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o