High Court Of ChhattisgarhMCRC/7516/2015allowed

Raju Sahu v. State Of Chhattisgarh

2016-01-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7516 of 2015 • Raju Sahu S/o Prahlad Sahu Aged About 23 Years R/o House No. 1786, Housing Board Colony, P.S. Tikrapara, Civil & Rev. Distt. Raipur, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh Through P.S. Excise Cell Arang, Distt. Raipur, Chhattisgarh.

--- Respondent For the applicant :

Mr. Devershi Thakur, Advocate For the Respondent :

Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 13.01.2016

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 384 of 2015 registered at P.S. Excise Cell, Arang, District Raipur (C.G) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 70.200 bulk litres of illicit liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the charge sheet in this case has been filed and applicant is in jail since 03.10.2015 therefore he may be enlarged 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 70.200 bulk litres; offence is triable by the JMFC; charge

sheet in this case has been filed and the applicant is in jail since 03.10.2015 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 shall also appear before the trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao