Guruprit Singh @ Raja v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7199 of 2016 • Guruprit Singh @ Raja S/o Amarjit Singh Aged About 36 Years R/o G. E. Road, Near Mansukh Lal Petrol Pump, Rajnandgaon, Police Station, Tahsil and District Rajnandgaon Chhattisgarh --- Applicant

Versus

• State of Chhattisgarh through Station House Officer, Police Station Kotwali, Rajnandgaon District Rajnandgaon Chhattisgarh --- Respondent For the applicant :

Mr. K.A. Ansari, Sr. Advocate with Mrs. Meera Ansari, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 22.11.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 636 of 2016 registered at P.S. Kotwali, Rajnandgaon (C.G) for the offence punishable under Sections 3 & 7 of the Essential Commodities Act.

2. As per the prosecution case, on 01.10.2016 an information was received that the applicant was in unlawful possession of huge quantity of Kerosene oil and on such information, the premises of the applicant was raided. Upon which, 730 litres of Kerosene oil was seized from the applicant along-with other accused Mohammad Aslam Khan and on demand they failed to produce any valid document thereby the offence has been committed.

3. Learned counsel for the applicant would submit that the

applicant has been falsely implicated in this case and no seizure has been made in person from the present applicant and merely vague allegations have been attributed to the present applicant. He further submits that the charge sheet has been filed; no further investigation is necessary and the applicant is in jail since 01.10.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the documents. Considering the nature of allegations levelled against the applicant as also taking into the facts that the charge sheet has been filed; no further investigation is necessary and the applicant is in jail since 01.10.2016, I am inclined to release him on regular bail.

6. Accordingly, the bail application is allowed and 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 trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o