Sitaram Sevak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3190 of 2016 • Sitaram Sevak S/o Late Chelachha Ram Aged About 35 Years R/o Singhari, P.S. Hirri, District Bilaspur Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh through the Station House Officer, Police Station Hirri, District Bilaspur Chhattisgarh. ---- Respondent For the applicant : Mr. Rishi Rahul Soni, Advocate For the Respondent : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.06.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 05/2016 registered at P.S. Hirri, District Bilaspur (C.G) for the offence punishable under Section 34(1)(A), 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 14.400 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 07.04.2016 and the alleged seizure having been made, no further investigation is necessary.

4. Per contra, learned State Counsel opposes the bail application.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is

14.400 bulk litres; offence is triable by the JMFC and the applicant is in jail since 07.04.2016 this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the said Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o