Banti Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5975 of 2015 Banti Khan, (wrongly mentioned in the order as Bunti Khan) son of Kutubuddin, aged about 30 years, R/o Contractor Colony, Supela, P.S. Supela, Tahsil and District Durg (C.G) --- Applicant

Versus

State of Chhattisgarh through Station House Office, Police Station Supela, District Durg (Chhattisgarh).

For the applicant :

Mr. Jitendra Gupta, Advocate For the Respondent :

Mr. Arvind Shukla, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.11.2015

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. 639 of 2015 registered at P.S. Supela, District Durg (C.G) for the offence punishable under Sections 34(2) of the C.G. Excise Act.

2. The prosecution alleges that when the raid/inspection was conducted by the police, 43.200 bulk litres of illicit liquor was seized from the possession of this applicant.

3. Learned State Counsel has submitted that the concerned SHO has reported that the applicant has no previous criminal antecedents and the charge sheet has been filed in this case.

4. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 43.200 bulk litres; offence is triable by the JMFC, charge sheet has been filed in this case and the applicant is in jail since 03.09.2015 this Court is inclined to release him on bail. Accordingly, this application is allowed.

5. 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 is directed to appear before the said Court on each and every date given by the said Court.

6. It is made clear that if the applicant is found to be involved in similar offence again, this order granting bail to the applicant shall automatically stand cancelled without reference to the Court and the concerned police shall be at liberty to re-arrest the applicant in this case also, after informing the concerned Judicial Magistrate where the trial is pending.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao