Jatinder Pal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1896 of 2021 Jatinder Pal Singh S/o Late Pal Singh Aged About 44 Years R/o Avinash Ashiyana Apartment, Block-D, Flat No. 405, Kabir Nagar, Police Station Kabir Nagar, Raipur, District Raipur, Chhattisgarh --- Applicant

Versus

State of Chhattisgarh through Excise Circle Pachpedi Naka, Raipur, District Raipur, Chhattisgarh --- Respondent For the applicant :

Mr. Punit Ruparel, Advocate.

For the Respondent :

Mr. Siddharth Dubey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .07.2021

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. 124/2021 registered at Police Station Excise Circle Pachpedi Naka, Raipur, Distt. Raipur (C.G) for the offences punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution case, on a raid being conducted, 890 litres of liquor was recovered from the possession of the applicant.

3. Learned counsel for the applicant submits that there is another co-accused Mayur Nanwani, alongwith him the liquor was seized and Mayur Nanwani has been enlarged on bail by the coordinate Bench of this Court in MCRC No. 1190/2021 on 26.2.2021. He further submits that the liquor was not recovered from him in person and it was seized

from a Godown and this applicant has not been identified in the identification parade.

4. Per contra, learned State Counsel opposes the bail application and submits that the applicant has past antecedent of similar offence wherein 1000 litres of illicit liquor was seized from him and Crime No.89 of 2020 was registered against him.

5. Having considered the fact that 890 bulk litres of liquor was seized from the possession of the applicant and the applicant has past antecedent of similar offence, at this stage, I am not inclined to allow this application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE Rao