High Court Of ChhattisgarhMCRC/7383/2016allowed

Naresh Dheever v. State Of Chhattisgarh

2016-11-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7383 of 2016 • Naresh Dheever S/o Shri Kripa Ram Dheever Aged About 26 Years R/o Village Nardaha, Shiv Chowk, Dheever Para, Police Station Vidhansabha, Tahsil & District (Revenue & Civil) Raipur, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Vidhansabha, District Raipur, Chhattisgarh. --- Respondent For the applicant : Mr. Yogesh Pandey, Advocate For the Respondent : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 24.11.2016

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. 269/2016 registered at P.S. Vidhan Sabha, Distt. Raipur (C.G) for the offence punishable under Sections 34(2) of the C.G. Excise Act.

2. The prosecution alleges that when a raid/inspection was conducted by the Police, 7.600 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 22.10.2016 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, he 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 7.600 bulk litres; offence is triable by the JMFC and the applicant is in jail since 22.10.2016 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