Upendra Bag v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6438 of 2015 Upendra Bag S/o Mahadev Bag Aged About 24 Years R/o Katulboad, Sai Nagar, P.S. Mohan Nagar, Durg, Civil And Rev. Distt. Durg Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through P.S. Dongargarh, Distt. Rajnandgaon Chhattisgarh.

---- Respondent For applicant - Shri Rakesh Thakur, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 30/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 384/2015 registered in Police Station Dongargarh, Dist. Rajnandgaon (C.G.) for offence punishable under section 34 (2) of Excise Act.

2.

As per the prosecution case on 31/08/2015 police seized 1 cartoon illegal liquor containing 9 bulk liters of liquor from Indica Vista Car which was being transported by other co-accused Anand Kerketta and Dipak Meshram.

3.

Learned counsel for the applicant submits that applicant is the owner of the car and it was used without his knowledge. He submits that other co-accused Anand Kerketta and Dipak Meshram has been enlarged on bail in M.Cr.C. No.5132/2015 on 22/09/2015. He therefore submits that applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however he is not able to dispute the fact that other co-accused Anand Kerketta and Dipak Meshram has been enlarged on bail in M.Cr.C. No.5132/2015 on 22/09/2015.

5.

Taking into account the allegation made and other co-accused Anand Kerketta and Dipak Meshram has been enlarged on bail in M.Cr.C. No.5132/2015 on 22/09/2015, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri