High Court Of ChhattisgarhMCRC/1501/2017allowed

Rishabh Kuldeep v. State Of Chhattisgarh

2017-03-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1501 of 2017 • Rishabh Kuldeep S/o Loknath Kuldeep Aged About 19 Years R/o Near Hanuman Temple Fokatpara, Shastri Nagar, Raipur, District Raipur, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through Its Police Station Devendra Nagar Raipur, Civil & Revenue District Raipur, Chhattisgarh. --- Respondent For the applicant : Mr. Rekhraj Baghel, Advocate For the Respondent : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice GOUTAM BHADURI Order on Board .03.2017

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. 131/2016 registered at Police Station Devendranagar, 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 was conducted by the Police on 13.12.2016 from the possession of the applicant 6.840 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 13.12.2016 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 not able 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 6.840 bulk litres; offence is triable by the JMFC and the applicant is in jail since 13.12.2016, this Court is inclined to release him on bail.

6. Accordingly, this application is allowed and 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 for his appearance before the said Court as and when directed. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o