High Court Of ChhattisgarhMCRC/6963/2015allowed

Anil Banjare, v. State Of Chhattisgarh

2015-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6963 of 2015 • Anil Banjare, S/o Rohit Banjare Aged About 19 Years R/o Village Tendua, Post Office & P.S. Rakhi, Tahsil & Distt. Raipur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, P.S. Rakhi, Distt. Raipur, Chhattisgarh.

--- Respondent For the applicant :

Mr. Shivendu Pandya, Advocate For the Respondent :

Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.12.2015

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. 116/2015 registered at P.S. Rakhi, Distt. Raipur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 7.200 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no seizure has been made from him. He further submits that the applicant is in jail since 11.11.2015 and prays for releasing him on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he submits that the concerned SHO has reported that the applicant has no criminal antecedents.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 07.200 bulk litres; offence is triable by the JMFC and the

applicant is in jail since 11/11/2015 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 is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao