High Court Of ChhattisgarhMCRC/8027/2016allowed

Mahendra Gupta @ Gudda v. State Of Chhattisgarh

2016-12-05Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8027 of 2016 • Mahendra Gupta @ Gudda S/o Surendra Gupta, Aged About 28 Years R/o Village Palma, Police Chowki Chendra, Police Station & Tahsil Bhaiyathan, District Surajpur, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh Through Police Station Chowki Chendra, Police Station Bhaiyathan, District Surajpur, Chhattisgarh.

--- Respondent For the applicant : Mr. Neeraj Kumar Mehta, Advocate For the Respondent : Mr. Anil S. Pandey, Govt. Advocate Hon'ble Shri Justice P. SAM KOSHY 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. 154/2016 registered at P.S. Bhaiyathan, Distt. Surajpur (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, 5.760 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 09.11.2016 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 5.760 bulk litres; offence is triable by the JMFC and the applicant is in jail since 09.11.2016 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/- P. SAM KOSHY JUDGE R a o