Jitendra v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 6110 of 2015 • Jitendra S/o Indrajit, Aged About 22 Years, Caste Lodhi, R/o Village Chingli, P.S. Jaalbandha, Tahsil Khairagarh, Civil & Rev. Distt. Rajnandgaon, Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh through Excise Circle Khairagarh, Civil & Rev. Distt. Rajnanadgaon, Chhattisgarh.

---- Respondent 17.11.2015 Mrs. Savita Tiwari, counsel for the applicant. Mr. SRJ Jaiswal, Panel Lawyer, for the State. This is an application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant in connection with Crime No. 23 of 2015 registered at P.S. Excise Circle Khairagarh, District Rajnandgaon (C.G) for the offence punishable u/s 34 (2) of the Excise Act. As per the prosecution case, on 25.04.2015 when a raid was conducted by the police on the premises of the applicant, 95.040 bulk litres of illicit liquor was seized. Learned counsel for the applicant submits that the applicant is in jail since 08.10.2015 and seizure was made from a common yard and the occupants of the house are more, therefore, it cannot be said that the seizure was especially made from the applicant. She prays for releasing the applicant on bail. the applicant may be enlarged on bail Per contra, learned State Counsel opposes the bail. Having regard to the fact that the seizure was made

from the house of applicant and the argument which is advanced that there are other occupants of the house is to be established during trial.

Looking to the quantity of liquor allegedly seized from the applicant, I am not inclined to release the applicant on bail. Accordingly, this bail application is rejected.

However, the trial Court is requested to expedite the trial.

Sd/- GOUTAM BHADURI JUDGE Rao