High Court Of ChhattisgarhMCRC/394/2017allowed

Suchit Kumar Singh v. State Of Chhattisgarh

2017-02-01Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 394 of 2017 • Suchit Kumar Singh S/o Basant Singh, Aged About 35 Years R/o Village Kanbehari Mufssil District Aurangabad Bihar Present Address Bouripara Ambikapur Police Station And Tahsil Ambikapur Civil And Revenue District Surguja Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh through the Police Station Premnagar District Surajpur Chhattisgarh --- Respondent For the applicant : Mr. Siddhardha Bajpai, Advocate For the Respondent : Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice GOUTAM BHADURI Order on Board .02.2017

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. 128/2016 registered at P.S. Premnagar, Distt. Surajpur (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, 17.700 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 27.12.2016 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 unable to dispute the fact that

earlier any case of similar nature u/s 34(2) of the C.G. Excise Act was registered against him.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is only 17.700 bulk litres; offence is triable by the JMFC and the applicant is in jail since 27.12.2016 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