Javed Hussain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 1458 OF 2016 Javed Hussain son of Ayub Khan aged about 24 years resident of Tata Line Surya Nagar Camp-2 Bhilai Tahsil and District Durg C.G.

---Applicant

Versus

State of Chhattisgarh through Station House Officer Police Station Amanaka Raipur District Raipur C.G. ---Non-applicant For Applicant :

Mr. Varunendra Mishra, Advocate For Non-applicant :

Mr. Aditya Sharma, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/03/2016 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. 236/2015, registered at Police Station Amanaka Raipur District Raipur (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2.

After hearing learned counsel appearing for the

parties and taking into consideration the nature and gravity of offence; quantity of liquor i.e. 172.800 bulk liters seized from the applicant; consideration the provisions contained in Section 59-A(ii) of the Chhattisgarh Excise Act and the fact that his case is quite distinguishable from the other co-accused person who have granted bail, this Court is not inclined to release the applicant on regular bail.

3.

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

4.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari