Babulal Patel And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2731 of 2017

1. Babulal Patel S/o Shyam Shunder Patel, Aged About 23 Years

2. Uttara Kumar Sidar, S/o Dhaniram Sidar, Aged About 39 Years R/o Village Chhirraleva Police Station Saraipali, Tahsil Basana District Mahasamund Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Police Station Saraipali, District Mahasamund Chhattisgarh ---- Respondent For applicant Mr. Sanjay Agrawal, Adv.

For Respondent/State Mr. Arvind Shukla, PL Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 15/05/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 30-3-2017 in connection with Crime No. 97/2017 registered in PS Saraipali, Distt. Mahasamund for offence punishable under Section 34 sub-section (2) of the CG Excise Act.

3. Learned counsel for the applicants submits that after investigation charge sheet has been filed which is pending before the CJM, Mahasamun as Criminal Case No. S-944/2017. They are the first offender. They will not commit any offence in future if granted bail. They may be granted bail as the trial may take time. As per allegation, both the applicants were jointly transporting 203.40 bulk litre country liquor in a tractor bearing registration No. CG 06 E 2583 without any licence or permission which was seized by the police. The applicant may be enlarged on bail.

4. Per contra learned State counsel opposes the bail application on the ground of quantity of the liquor so seized and submits that bail

application may be rejected.

5. Perused the matter.

6. Looking to the quantity of the liquor so seized from the applicants, I am not inclined to grant bail to the applicants. The application is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak