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High Court Of ChhattisgarhMCRC/3613/2016dismissed

Golu Ragde v. State Of Chhattisgarh

2016-07-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3613 of 2016 • Golu Ragde S/O Ramesh Ragde Aged About 25 Years R/O - Pachpath Para, Kali, Chowk, Raipur, District - Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through - Police Station - Azad Chowk, Raipur, District - Raipur Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. P. Sinha, Advocate For Respondent/State :

Ms. K. Tripti Rao, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 13.07.2016

1. This is 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 on 2-4-2016 in connection with Crime No.90 of 2016 registered at Police Station Azad Chowk, District Raipur (CG) for the offence punishable under Section 34 (2) of the CG Excise Act.

2. As per the prosecution case, on 2-4-2016 on information being received that the applicant was in possession of 7.2 liters of illicit liquor (English wine) a raid was made in which the applicant was found in possession of the said liquor and the same was recovered from him.

3. Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated, charge-sheet has been filed in this case, the applicant in jail since 2-42016 and no further investigation is necessary, therefore, he may be released on bail

4. Per contra, learned State counsel opposing the bail application would submit that apart from this case, as many

as eight cases are registered including the offences under IPC from 2010 to 2016 against the applicant. He would further submit that if the applicant is released on bail, he would tamper with the evdience, therefore, he is not entitled to be released on bail.

5. I have heard learned counsel for the parties and perused the case diary and other documents.

6. Taking into consideration the facts and circumstances of the case and further considering the fact that number of cases are pending against the applicant in different Sections of IPC, I am not inclined to release the aplicant on bail.

7. Accordingly, the bail application filed by the applicant under Section 439 of the Cr.P.C, is liable to be and is hereby dismissed.

Sd/- (Goutam Bhaduri) Judge Raju