Karan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3723 of 2019 • Karan S/o Umendi Aged About 30 Years R/o Village Bhaisapasara, Police Station Balodabazar, District Balodabazar- Bhatapara Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Balodabazar, District Balodabazar- Bhatapara Chhattisgarh. ---- Non-Applicant For Applicant :

Shri Basant Kaiwartya, Advocate.

For Non-Applicant :

Shri Ravi Bhagat, Deputy Government Advocate. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 03/06/2019

1. The applicant has preferred this application under Section 439 Cr.P.C. for grant of regular bail as he has been arrested in connection with Crime No. 307/2019 registered at Police Station City Kotwali Balodabazar, District BalodabazarBhatapara (CG), on the allegation of having committed the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that the applicant has been found in illegal and unauthorized possession of 8.640 bulk litre of country made liquor.

3. Learned counsel for the Applicant submits that the country liquor has been seized from an open place and not from exclusive physical possession of the Applicant. He has been falsely implicated in this case. He is in jail since 19.05.2019. Though the investigation is not complete, further detention of the applicant is not necessary for completion of investigation. Therefore, at this

stage, looking to the small quantity of liquor alleged to be seized, he may be granted bail.

4. On the other hand, learned counsel for the State opposes the bail application and submits that as per the materials available and the case diary, there is only one previous criminal track record. Further, the unauthorized liquor was seized from the possession of the applicant, a prima facie case is made out. Investigation is not complete, therefore, at this stage the bail application may be rejected.

5. Considering the totality of case, particularly the quantity of country made liquor alleged to be seized from the possession of the applicant and that further detention of applicant is not necessary for completion of investigation and that the Applicant is in jail since 19.05.2019, this Court is of the opinion that present is a fit case where the applicant should be enlarged on bail.

6. Accordingly, the bail application is allowed. It is directed that on applicant's furnishing a personal bond in the sum of Rs. 10,000/- with two local sureties in the like sum to the satisfaction of the Court below concerned, he be released on bail for their appearance before the Court below concerned as and when directed. The applicant shall fully cooperate with the investigation and shall appear before the police authorities as and when directed, failing which the bail granted to him would be liable to be rejected.

7. Certified copy, as per rules.

Sd/- (Parth Prateem Sahu) Vacation Judge Hem