High Court Of ChhattisgarhMCRC/643/2017allowed

Ishwer Kurmi v. State Of Chhattisgarh

2017-02-09Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 643 of 2017 • Ishwer Kurmi S/o Shri Narayan Kurmi, Aged About 30 Years R/o Mudpar, Police Station Dongergarh, District ( Revenue & Civil ) Rajnandgaon Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Dongergarh, District Rajnandgaon Chhattisgarh --- Respondent For the applicant : Mr. Rakesh Thakur, Advocate For the Respondent : Ms. Sunita Jain, 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. 19/2017 registered at Police Station Dongergarh, Distt. Rajnandgaon (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid was conducted by the Police on 11.1.2017 from the possession of the applicant 5.220 bulk litres of illicit liquor was seized.

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 11.1.2017 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, she is not able to dispute 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 5.220 bulk litres; offence is triable by the JMFC and the applicant is in jail since 11.1.2017 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 Rao