Premchand Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Premchand Sahu, S/o Ganeshram Sahu, aged about 48 years, R/o Sheetlapara, Chandandih, Police Station Aamanaka, District Raipur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Aamanaka, District Raipur (C.G.) ---- Non-applicant For Applicant:

Mr. Vimlesh Bajpai, Advocate.

For Non-applicant/State:Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 4 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 21/2016 registered at Police Station Aamanaka, District Raipur for the offence punishable under Section 34 of the Chhattisgarh Excise Act. (2) Case of the prosecution, in brief, is that the applicant was found in possession of 34.56 bulk liters of illicit liquor. (3) Leared counsel for the applicant submits that the applicant has falsely been implicated in the case, and therefore, the applicant may be released on bail.

(4) On the other hand, learned counsel for the State submits that twenty seven cases are already registered & pending against the present applicant in relation to the excise offences and, therefore, the

he is not entitled for regular bail.

(5) Considering the totality of the facts, in particular, the criminal antecedents of the applicant; and in view of the provisions contained in Section 59-A(ii) of the C.G. Excise Act, 1915; I am not inclined to release the applicant on bail. Thus, the bail application is rejected. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-