High Court Of ChhattisgarhMCRC/369/2017allowed

Poonam Chand Barbe v. State Of Chhattisgarh

2017-01-31Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 369 of 2017 • Poonam Chand Barbe S/o Ramesh Chand Barbe, Aged About 30 Years R/o Kanshiram Nagar, Raipur District Raipur Chhattisgarh--- Applicant

Versus

• State of Chhattisgarh through Station House Officer, Police Station Gol Bazar Raipur District Raipur Chhattisgarh --- Respondent For the applicant : Mr. L.C. Dash, Advocate For the Respondent : Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice GOUTAM BHADURI Order on Board .01.2017

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. 142/2016 registered at P.S. Gol Bazar, Raipur, 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, 7.740 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 as no seizure was made in person from him. He further submits that the applicant is in jail since 28.10.2016 and the alleged seizure having been made, no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he is not able to dispute the fact that earlier any case of similar nature u/s 34(2) of the Excise Act

was registered against the applicant.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is only 7.740 bulk litres; offence is triable by the JMFC and the applicant is in jail since 28.10.2016, 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 said Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o