Kheduram Ratre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 Kheduram Ratre, S/o Sukhiram, aged about 36 years, by caste Satnami, R/o Village Nimbhatha, Police Station Baloda, District Janjgir-Champa (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station: Baloda, Janjgir-Champa (C.G.) ---- Non-applicant For Applicant:

Shri Gurudeo I. Sharan, Advocate.

For Respondent/State:

Shri Om. P. Sahu, Deputy Govt.

Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 7 /07/2015 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. 97/2015 registered at Police Station Baloda, Distt. JanjgirChampa for the offences punishable under Sections 34(2) & 59(A) of the Chhattisgarh Excise Act, 1915.

(2) Case of the prosecution, in brief, is that the applicant was found in possession of 8.64 bulk liters of illicit liquor. (3) Learned counsel for the applicant submits that the applicant is the innocent person and he 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 opposes the bail application and submit that applicant has past criminal antecedents and, therefore, he is not entitled to be released on bail.

(5) Considering the totality of the facts, in particular, the provisions contained in Section 59-A(ii) of the C.G. Excise Act, 1915; and looking to criminal antecedents of the applicants; 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/-