Imran Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2528 of 2016 Imran Khan S/o Ramjan Khan Aged About 29 Years R/o Kalibadi Nehru Nagar, In Front Of Prakash Kirana Stores, Police Station : City Kotwali Raipur, District : Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station : Ganj Raipur District : Raipur Chattisgarh ---- Non-applicant -------------------------------------------------------------------------------------------------------------- Applicant by Mr. C.R. Sahu, Adv.

Non-applicant by Mr. Anil Pandey, Govt. Adv.

-------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 1-6-2016 Heard.

The applicant has been arrested on 3-4-2016 in connection with Crime No. 84/2016 registered in police station Ganj Raipur, Distt. Raipur for offence punishable under Section 34(2) of the C.G. Excise Act. Case of the prosecution is that the applicant was found in illegal possession of 32 quarter country made liquor and he could not produce any document regarding that liquor.

Learned counsel for the applicant submits that the applicant has been falsely implicated. It is also submitted that quantity which was being taken is within the permissible quantity and incorrect measurement has been taken to falsely implicate him. It is lastly submitted that investigation is complete and charge sheet has already been filed and no further detention is necessary for progress of the trial.

On the other hand, learned counsel for the State opposes the prayer for grant of bail and submits that the applicant is habitual offender and against him as many as 7 criminal cases of different nature have been registered. If he is released on bail, he is likely to misuse the liberty.

Taking into consideration the quantity, investigation is complete and charge sheet has already been filed, the application is allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- with one local surety in the like sum to the satisfaction of the concerned trial court for his appearance as and when directed.

It is made clear that any allegation of repetition of similar offence shall render the bail liable to be canceled.

Sd/- Manindra Mohan Shrivastava Vacation Judge Pathak