Tarak Ram Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6790 of 2015 Tarak Ram Verma, son of late Nankuram Verma, aged about 54 years, resident of village Pawantara, Outpost Jalbandha, P.S. & Tahsil Khairagarh, Distt. Rajnandgaon.

...

Applicant Vs.

State of Chhattisgarh, through Excise Police, Khairagarh, Distt. Rajnandgaon Respondent For the applicant :

Mr. Rakesh Pandey, Advocate.

For the Respondent :

Mr. Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 09.12.2015

1. This is second bail application filed u/s 439 of the Code of Criminal Procedure seeking granting of regular bail to the applicant in connection with Crime No.195/2015 registered at Police Station Excise Circle Khairagarh, Distt. Rajnandgaon (C.G) for the offences punishable under section 34(2) of the Excise Act. The first bail application was dismissed as withdrawn.

2. As per the prosecution case, on 07.10.2015 when a raid was conducted by the Excise Police, 13.5 bulk litres of illicit liquor was seized from the possession of this applicant.

3. Learned counsel for the applicant submits that the applicant is in jail since 07.10.2015 and the seizure having been made, the applicant may be released on bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail and submits that earlier 3 cases of similar nature were registered against the applicant, out of which, 2 cases were disposed and the last case being Crime No.210/2014 is still pending.

5. Considering the fact that earlier similar offence was registered as Crime No. 210/2014 which is pending and again within a close

proximity of time, he repeated the similar nature of offence which was registered as Crime No.195/2015, I am of the opinion that if the applicant is released on bail, again he would commit the offence. Therefore, I am not inclined to release the applicant on bail. Accordingly, this bail application is rejected. Sd/- GOUTAM BHADURI JUDGE R a o