High Court Of ChhattisgarhMCRC/5734/2016allowed

Chhotu And ANR. v. State Of Chhattisgarh

2016-09-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5734 of 2016

1. Chhotu S/o Chandwa Aged About 32 Years By Caste Satnami, R/o Village Raipura, Bhatha Para, Police Station Baradwar, District Janjgir - Champa Chhattisgarh

2. Kanhaiya S/o Gajanand Aged About 27 Years By Caste Satnami, R/o Village Raipura, Bhatha Para, Police Station Baradwar, District Janjgir - Champa Chhattisgarh ---- Applicants

Versus

State of Chhattisgarh Through : District Magistrate, Janjgir & Also Through Police Station Excise Circle Sakti, District Janjgir - Champa Chhattisgarh ---- Respondent For the applicants : Mr. Umesh Pandey, Advocate For the Respondent : Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 26.09.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 215/2016 registered at P.S. Excise circle Sakti, District Janjgir Champa (C.G) for the offence punishable under Section 34(1)(A), 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 10 bulk litres of illicit liquor was seized from the possession of the applicants.

3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case as no seizure was made in person from them. He further submits that the applicants are in jail since 31.07.2016 and the

alleged seizure having been made, no further investigation is necessary, therefore, they may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, she submits that earlier no case of similar nature u/s 34(2) of the Excise Act was registered against the applicants.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is 10 bulk litres; offence is triable by the JMFC and the applicants are in jail since 31.07.2016 this Court is inclined to release them on bail. Accordingly, this application is allowed.

6. The applicants are directed to be released on bail on their executing a personal bond in sum of Rs.25,000/- with one surety each of them in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the said Court as and when directed by the said Court. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o