Pradeep Jain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8996 of 2018 Pradeep Jain S/o Nemichand Jain Aged About 30 Years R/o Sanyasi Para, Khamtarrai, Police Station- Khamtarai, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationKhamtarai, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri K.K. Singh, Advocate For the State :

Shri S.K. Mishra, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019 1.

This is the Second Bail application under Section 439 of the CrPC. 2.

The applicant has been arrested in connection with Crime No.550/2018 registered in Police Station Khamtarai, District Raipur (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Argument heard.

4.

Case of the prosecution, in brief is that on 04/10/2018, 8.00 bulk liters of country made liquor has been seized from the possession of the applicant. 5.

Earlier first bail application of the applicant was rejected on the ground that 19 other criminal cases have been registered against him, out of which seven cases under CrPC and 12 cases under IPC. 6.

Counsel for the applicant submits that applicant has been acquitted from all criminal cases and now no other criminal case is pending against him. 7.

On the other hand counsel for the State has opposed the bail application. 8.

Allegedly being acquitted is not such a circumstance which may entitled applicant to get the benefit under Section 439 of CrPC in second round. 9.

Accordingly, second bail application is dismissed. Sd/- (Sharad Kumar Gupta) Judge Kamde