Abdul Jafar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4014 of 2016

1. Abdul Jafar, S/o Abdul Jahid Aged About 28 Years R/o Behind Mazjid, Santoshi Nagar, P.S. - Tikrapara, Civil & Rev. Distt. - Raipur Chhattisgarh

2. Shahid Khan S/o Kaleem Khan Aged About 24 Years R/o Behind Mazjid, Santoshi Nagar, P.S. - Tikrapara, Civil & Rev. Distt. Raipur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through : P.S. Tikrapara, Distt. Raipur Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Devershi Thakur, Advocate For Respondent/State :

Ms. Sunita Jain, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25/07/2016

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 236/2016 registered at Police Station- Tikrapara, District Raipur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act.

2. The prosecution alleges that when a raid was conducted by Police, the applicants was found to be in possession of illicit liquor of about 5.400 bulk liters which was allegedly recovered from them.

3. Learned counsel for the applicants submits that the applicant have falsely been implicated in this case and they are in jail since 16.06.2016, ,therefore, the may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail, however, she would submit that as per the information received from the concerned SHO, earlier no case under section 34(2) of Chhattisgarh Excise Act is registered.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.400 bulk liters; offence is triable by the JMFC and the applicants are in jail since 16.06.2016, this Court is inclined to release the applicants 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 each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh