Dinesh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7888 of 2016 Dinesh, son of Chhannu Tiwari, aged about 45 years, R/o village Chandeni, P.S. & Tahsil Khairagarh, Distt. Rajnandgaon, C.G. ... Applicant Vs.

State of Chhattisgarh through the District Magistrate Rajnandgaon, Distt. Rajnandgaon ... Respondent For the applicant : Mr. Dashrath Prajapati, Advocate For the Respondent : Mr. Vivek Singhal, Panel Lawyer Hon'ble Shri Justice GOUTAM BHADURI Order on Board .12.2016

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. 401/2016 registered at P.S. Khairagarh, Distt. Rajnandgaon (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, 11.520 bulk litres of illicit 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 20.11.2016 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.

5. Taking into consideration the totality of the circumstances

and the fact that the quantity of seized liquor in this case is only 11.520 bulk litres; offence is triable by the JMFC and the applicant is in jail since 20.11.2016 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