Hnutigga @ Hanutigga v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3373 of 2016 • Hnutigga @ Hanutigga S/o Late Chunu Tigga Aged About 65 Years Occupation Agriculture, R/o Chhote Regda, Tahsil & District Raigarh, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh through Police Station Chakradhar Nagar, Raigarh, District Raigarh, Chhattisgarh. Respondent For the applicant : Mr. Manoj Jaioswal, Advocate For the Respondent : Mr. Sumit Jhawar, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 07.07.2016

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. 91/2016 registered at P.S. Chakradhar Nagar, Raigarh District Raigarh (C.G) for the offence punishable under Sections 34(1)A, (2) of the C.G. Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 10 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 17.03.2016 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 10 bulk litres; offence is triable by the JMFC and the

applicant is in jail since 17.03.2016 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