High Court Of ChhattisgarhMCRC/7092/2016allowed

Dular Khunte v. State Of Chhattisgarh

2016-11-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7092 of 2016 • Dular Khunte S/o Daniram Khunte, Aged About 43 Years R/o Village Gagoritanda, Police Station Sarsiwan, District (Revenue & Civil) Baloda Bazar Bhatapara, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh through Police Chowki Bhatgaon, Police Station Bilaigarh, District (Revenue & Civil) Baloda Bazar Bhatapara, Chhattisgarh. --- Respondent For the applicant : Mr. Anand Kesarwani, Advocate For the Respondent : Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.11.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 348/2016 registered at P.S. Bilaigarh; Police Chowki Bhatgaon, Distt. BalodabazarBhatapara (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 07.560 bulk litres of illegal liquor was seized from the possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as no seizure was made in person from him. He further submits that the applicant is in jail since 12.10.2016 and the alleged seizure having been made, no further investigation is necessary, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, she is not able to show that earlier

any case of similar nature u/s 34(2) of the Excise Act was registered against the applicant.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor in this case is only 07.560 bulk litres; offence is triable by the JMFC and the applicant is in jail since 12.10.2016 this Court is inclined to release him on bail. Accordingly, this application is allowed.

6. The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He 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