Rupesh Mahanand v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4019 of 2017 Rupesh Mahanand S/o Tarachand Mahanand, Aged About 28 Years R/o Station Para, Ward No. 13, Tahsil & District Rajnandgaon, CG. ---- Applicant

Versus

State of Chhattisgarh through Thana Kotwali, Distt. Rajnandgaon, CG. ---- Respondent For applicant Mr. Sameer Singh, Adv.

For Respondent/State Mr. Ashok Swarnkar, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 20-71. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 15-3-2017 in connection with Crime No. 171/2017 registered in PS Kotwali, Distt. Rajnandgaon (CG) for offence punishable under Section 34 sub-section (2) of the CG Excise Act, 1915.

3. Learned counsel for the applicant submits that after investigation charge sheet has been filed and the same is pending before the CJM Rajnandgaon as Cr. Case No. 1287/2017. This is his first bail application before this Court. As per allegation, 5.940 bulk litre country liquor has been seized from the conscious possession of the applicant without any licence or permission. He will not commit any offence in future if granted bail. He may be granted bail as the trial may take time.

4. Per contra, learned State counsel opposes the bail application and submits that earlier following cases have been registered against the applicant:-

Sr. No.

Crime/complaint No.

Offence under Section 1.

54/2011 25, Arms Act 2.

340/2011 147, 148, 302, IPC, 25 Arms Act 3.

549/2012 294, 323, 506, IPC 4.

545/2012 294, 323, 506, 427, 34, IPC 5.

554/2012 25, Arms Act 6.

826/2012 25, Arms Act 7.

228/2013 452, 294, 323, 506, IPC 8.

229/2013 25, Arms Act 9.

701/2013 294, 323, 506 IPC 10.

116/2014 394, IPC 11.

72/2014 34(1)(a), CG Excise Act, 1915 12.

1013/2014 34(2) of the CG Excise Act, 1915 13.

1070/2016 25 Arms Act Hence looking to the entire matter, instant MCRC may be dismissed.

5. On due consideration of aforementioned matters registered against the applicant for releasing the applicant on bail, I am not inclined to grant bail to the applicant.

6. Bail application is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak