High Court Of ChhattisgarhMCRC/3496/2016allowed

Parsu Baghel v. State Of Chhattisgarh

2016-07-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3496 of 2016 • Parsu Baghel S/o Mohan Baghel Aged About 23 Years R/o Basti Chowk, Roop Nagar, Kumhari, P.S. Kumhari, Tahsil & District Durg, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Excise Sub Inspector, Excise Circle, Tatibandh Gudiyari, Raipur, District Raipur, Chhattisgarh.

--- Respondent For the applicant : Mr. C.R. Sahu Advocate For the Respondent : Ms. K. Tripti Rao, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 11.07.2016

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. 77/2016 registered at P.S. Excise Circle Tatibandh, Gudiyari, Raipur District Raipur (C.G) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 5.760 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 27.4.2016 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 according to concerned SHO, no case u/s 34(2) of the Excise Act stands registered against the applicant.

5. Taking into consideration the totality of the circumstances

and the fact that the quantity of seized liquor in this case is 5.760 bulk litres; offence is triable by the JMFC and the applicant is in jail since 27.04.2106 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.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o