Washim Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4564 of 2017 • Washim Khan S/o Bashir Khan, Aged About 28 Years R/o Subhash Nagar, Kukripara, Police Station Purani Basti, Raipur, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Purani Basti, Revenue & Civil District Raipur, Chhattisgarh. ---- Respondent For Applicant : Shri Dashrath Kushwaha, Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11.8.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.51/2017 registered in Police Station Purani Bastir, Raipur (CG) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Learned counsel for the applicant submits that the applicant has been arrested on 03.3.2017, after investigation, Police has filed charge sheet against the applicant which is pending before Judicial Magistrate First Class, Raipur as Criminal Case No.4111/2017. Learned counsel for the applicant submits that the applicant is aged about 28 years, as per the allegation, 7.560 bulk

liters of foreign liquor has been seized from the possession of the applicant. He will not commit any offence in future, as the trial may take sometimes for its conclusion, the applicant may be released on bail.

4.

Per contra, learned counsel for the State opposed the arguments advanced on behalf of the applicant on the basis of the quantity of liquor so seized from the applicant, and also the criminal antecedent as mentioned below registered against the applicant prior to the present matter.

Sl. No Crime No.

Offence U/S.

01.

Complaint No.

13/2007 14(1)d CrPC 02.

14/07 457, 380 IPC 03.

68/07 457, 380 IPC 04.

154/07 457, 380 IPC Complaint No.209/2007 151, 107, 116(3) CrPC 06.

Complaint No.05/08 4(1)d, 190 CrPC 07.

Complaint No.50/08 109 CrPC 08.

Complaint No.05/08 110 CrPC 09.

Complaint No.468/08 151, 107, 116 CrPC 10.

Complaint No.58/08 110 CrPC 11.

38/09 327/34 IPC 12.

Complaint No.03/09 41(2), 110 CrPC 13.

208/09 294, 506B IPC 14.

Complaint No.46/09 41(2), 110 CrPC 15.

Complaint No.25/10 110 CrPC

16.

88/14 34(2) Excise Act 267/15 294, 506, 327/34 IPC 18.

228/16 294, 327 IPC 5.

Perused the entire material.

6.

On due consideration of the seizure from the present applicant in the present matter and also after considering the large number of criminal antecedent reported against the applicant, I am not inclined to grant bail to the applicant. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is hereby dismissed.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini