Jhumuk Lal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 184 of 2016 • Jhumuk Lal S/o Santram Aged About 50 Years R/o Village Ranigaon, Police Station Ratanpur Civil & Revenue District Bilaspur Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through - District Magistrate / Station House Officer, Police Station - Ratanpur, District Bilaspur Chhattisgarh --- Respondent For the applicant :

Mr. C.P. Lahre, Advocate For the Respondent :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.01.2016

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. 302 of 2015 registered at P.S. Ratanpur, Distt. Bilaspur (C.G) for the offence punishable under Section 34(A) 2 of the Chhattisgarh Excise Act.

2. The prosecution case in brief is that when a raid was conducted 10 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 15.12.2015 and the seizure having been made, no further investigation is necessary.

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

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is

10 bulk litres; offence is triable by the JMFC and the applicant is in jail since 15.12.2015, 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 trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao