High Court Of ChhattisgarhMCRC/6645/2016allowed

Rupu Sahu v. State Of Chhattisgarh

2016-10-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6645 of 2016 • Rupu Sahu S/o Late Khuman Sahu Aged About 40 Years R/o Village - Godhee, Police Station - Mandir - Hasoud, District (Revenue & Civil ) - Raipur Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through the Station House Officer Police Station - Mandir Hasoud, District - Raipur Chhattisgarh --- Respondent For the applicant : Mr. Yogesh Pandey, Advocate For the Respondent : Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 26.10.2016

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. 233 of 2016 registered at P.S. Mandir Hasoud, Distt. Raipur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 6.120 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as no seizure was made in person from him. He further submits that the applicant is in jail since 31.08.2016 and the alleged seizure having been made, no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he do not dispute the fact that earlier no similar case u/s 34(2) of the C.G. Excise Act was

registered against him.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 6.120 bulk litres; offence is triable by the JMFC and the applicant is in jail since 31.08.2016 this Court is inclined to release him on bail.

6. Accordingly, this bail application is allowed and 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/Remand Court. He shall also appear before the said Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o