Anurag Kachhawaha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3152 of 2016 Anurag Kachhawaha S/o Ramesh Kachhawaha Aged About 25 Years R/o Imlipara, P.S. Civil Lines, District Bilaspur, Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh Through Police Station Excise Circle Sipat, District Bilaspur, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Anurag Khatri Advocate For Respondent/State :

Mr. Anant Bajpai, Govt. Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30/06/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 36/2016 registered at Police Station- Excise Circle Sipat, Bilaspur District Bilaspur (C.G.) for the offence punishable under Section 34(1), (d) 34(2), 59(2) of Excise Act.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 27 bulk liters and he was arrested on 10.05.2016.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and the applicant is in jail since 10.05.2016, therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, as per the information received from the concerned SHO, he would submit that previously no case under section 34(2) of the Excise Act was registered against the applicant.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 27 bulk liters; offence is triable by the JMFC and the applicant is in jail since 10.05.2016, this Court is inclined to release the applicant on bail.

6.

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

7.

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

Sd/- (Goutam Bhaduri) Judge Santosh