High Court Of ChhattisgarhMCRC/1525/2017allowed

Santosh @ Guddu v. State Of Chhattisgarh

2017-03-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1525 of 2017 • Santosh @ Guddu S/o Sudhru Ram Aged About 25 Years R/o Village Ninwa, Police Station, Tahsil & District Bemetara, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through the Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh. -- Respondent For the applicant : Mr. Amit Kumar Sahu, Advocate For the Respondent : Mr. N.K. Mehta, 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. 75/2017 registered at P.S. Bemetara, Distt. Bemetara (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 10.02.2017 from the possession of the applicant 7.230 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 10.02.2017 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, 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 7.230 bulk litres; offence is triable by the JMFC and the applicant is in jail since 10.02.2017, 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