Jagdish Kurre v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6659 2015

1. Jagdish Kurre, aged about 36 years, S/o. Biselal Kurre, R/o. Village - Sundari, P.S. - Palari, District - Balodabazar-Bhatapara (C.G.) ----Applicant

Versus

1. State Of Chhattisgarh, Through : S.H.O. - Palari, District - Balodabazar-Bhatapara (C.G.) ---- Respondent For Applicant : Mr. Hemant Gupta, Advocate For Respondent/State : Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/12/2015

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.394/2015, registered at Police Station - Pallari, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34 (2) of C.G. Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 27 liters and he was arrested on 13.11.2015.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not committed any offence. He would further submit that the applicant is in jail since 13.11.2015. He would further submit that looking to the quantity seized, the applicant may be enlarged on bail. 4.

On the other hand, learned counsel for the State opposes the bail application and would submit that the applicant has a previous

Page No.2 antecedent of the similar nature of Excise Act in the year 2015 itself and three cases of Cr.P.C. and one case under I.P.C. is also registered against the applicant and the applicant has again committed the offence, therefore, he prayed that the applicant may not be released on bail.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Having regard to the fact that the applicant has involved in the repeated commission of offence in the similar nature after grant of bail within a short proximity of time, therefore, I am not inclined to allow this application.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram