Trilochan Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6288 of 2015 • Trilochan Ram S/o Jagdev Ram, Aged About 50 Years Caste : Chik, R/o Harradipa, Dipatoli, Police Station : Kunkuri, Distt : Jashpur ( Chhattisgarh ) --- Petitioner

Versus

• State of Chhattisgarh Through : Police Station : Kunkuri, District : Jashpur ( Chhattisgarh) --- Respondent For the applicant :

Mr. D. K. Kushwaha Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.11.2015

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. 215 of 2015 registered at P.S. Kunkuri, Distt. Jashpur (C.G) for the offence punishable under Sections 34(2) of the Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police 12 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 23.10.2015 and the seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application. However, she submits that the concerned SHO has reported that the applicant has no criminal antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 12 bulk litres; offence is triable by the JMFC, the applicant is

in jail since 23.10.2015 , 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 is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao