High Court Of ChhattisgarhMCRC/8235/2016allowed

Narendra Sahu v. State Of Chhattisgarh

2016-12-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8235 of 2016 • Narendra Sahu S/o Ghasiya Sahu Aged About 30 Years R/o Village - Lohada Police Outpost - Saket, Thana & Tahsil - Pathariya, Revenue District - Mungeli, Civil District Bilaspur Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through The Police Outpost - Sargaon, Police Station Pathariya, District Mungeli Chhattisgarh --- Respondent For the applicant : Mr. Sunil Sahu, Advocate For the Respondent : Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice GOUTAM BHADURI Order on Board .12.2016

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. 409/2016 registered at Police Outpost Saragaon P.S. Pathariya,Distt. Mungeli (C.G) for the offence punishable under Section 34(1)(A) , 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 80.640 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 28.11.2016 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 is not able to dispute the fact that earlier any case of similar nature u/s 34(2) of the Excise Act

was registered against the applicant.

5. Taking into consideration the totality of the circumstances and the fact that the offence is triable by the JMFC and the applicant is in jail since 28.11.2016, this Court is inclined to release him on bail.

6. Accordingly the 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. 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