Hajarilal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3296 of 2015 • Hajarilal, aged about 55 years, s/o. Jiyalal Choudhari, occupation-Dhobi work, r/o. Motilal Nagar, Kopta, Police Station Saraswati Nagar, Raipur, District Raipur (CG).

---- Applicant

Versus

• State of Chhattisgarh Through : Station House Officer, Police StationSaraswati Ngar, Raipur, District Raipur (CG). ---- Respondent For Applicant :

Mr. C.R. Sahu, Advocate.

For Respondent/State :

Mr. S.R.J.Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14/7/2015 1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail, who has been arrested on 22-6-2015 in connection with Crime No. 113 of 2015 registered at Police Station Saraswati Nagar, Raipur (CG) for the offence punishable under Section 34

(2) of the Chhattisgarh Excise Act.

2.

The case of the prosecution, in brief, is that the applicant was found in possession of 6.48 bulk liters of country made liquor without any authority of law.

3.

Learned counsel appearing for the applicant would submit that the present has not committed any offence and he has been falsely implicated in the case, nothing has been seized from the possession of the applicant. He would further submit that charge-sheet has been filed and the applicant and is in jail since 22-6-2015, therefore, he may be released on bail.

4. On the other hand, learned counsel appearing for the State opposing the bail application would submit that the aforesaid liquor was seized from the present applicant, therefore, he is not entitled to be released on bail. Apart from this, 12 more criminal cases have been registered against

the applicant which is still pending consideration, therefore, he is not entitled to be released on bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, the huge quantity of the liquor and in view of the provisions of Section 59 -A (ii) of the Act and further considering the criminal antecedents of the applicant, I am not inclined to grant bail to the applicant.

7. Accordingly, the instant M.Cr.C. is liable to be and is hereby rejected. Sd/- (Sanjay K. Agrawal) Judge Raju