Saroj Kumar v. State Of Chhattisgarh

AFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5090 of 2015 • Saroj Kumar S/o Shri Ganpat Lal Aged About 33 Years Caste Mahar, R/o Village Keregaon, Post Office, Tah. And Police Station Dongergaon (Wrongly Mentioned As Dongargaon In The Rejection Order), District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle, Dongergaon, District Rajnandgaon Chhattisgarh. ---- Non-applicant For Applicant :

Mr. Sudeep Agrawal, Advocate For Non-applicant :

Mr. Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Inder Singh Uboweja Order on Board 01/10/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 62/2015, registered at Police Station Excise Circle- Dongergaon, Distt. Rajnandgaon (C.G.), for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 2.

Learned counsel for the applicant submits that this is First Bail application and no other application of this nature is pending or decided by this Court or by the Apex Court. The application is supported by an affidavit of Ghanshyam Singh, uncle of the applicant.

3.

Learned counsel further submits that present applicant has not committed any offence and he is in custody since 28/05/2015. He was not found in possession of aforesaid liquor and he has been falsely implicated in crime in question.

4.

On the other hand, learned Panel Lawyer for the State/nonapplicant opposes the bail application and submits that 69.120 liters of illicit

liquor has been seized from possession of the present applicant. 5.

Considering the huge quantity of liquor found in possession of the applicant, I do not find any ground for grant of regular bail to the applicant. Consequently, bail application filed on behalf of the applicant is liable to be dismissed and is hereby dismissed.

6.

Certified copy as per rules.

(Inder Singh Uboweja) JUDGE chandra