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2021 Supreme(Chh) 38

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GOUTAM BHADURI, J.
Manoj Kumar Rathore S/o Late Narmada Prasad – Appellant
Versus
State Of Chhattisgarh – Respondent
MCRC No. 2940 of 2021
Decided on : 21-05-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Basant Kaiwartya, Advocate
For the State : Mr. Vimlesh Bajpai, Dy. A.G.

Point of Law: Grant of Bail – Possession of illicit liquor - quantity of liquor which has already been seized, offence is triable by Judicial Magistrate First Class and the applicant is in jail since 05.04.2021, no further evidence is necessary therefore this Court is inclined to release the applicant on bail

Headnote:

Chhattisgarh Excise Act – Section 34 – Bail Application – Illicit Liquor Possession – On a raid being conducted, 15 bulk liters of illicit liquor was seized from possession of applicant and he was arrested – Applicant has preferred this application for grant of bail as he is arrested in connection with Crime registered in Police Station for offence punishable under Section 34(2) of Chhattisgarh Excise Act –

Finding of the Court:

Taking into consideration nature of allegation and quantity of liquor which has already been seized, offence is triable by Judicial Magistrate First Class and the applicant is in jail since 05.04.2021, no further evidence is necessary therefore this Court is inclined to release the applicant on bail – Bail Granted –

Result: Application Allowed.

JUDGMENT :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 94/2021 registered in Police Station Urga, Distt. Korba (C.G.) for offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2. The prosecution alleges that on a raid being conducted, 15 bulk liters of illicit liquor was seized from the possession of the applicant and he was arrested on 05.04.2021.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. He is in jail since 05.04.2021, seizure has been made, no further investigation is necessary therefore he may be enlarged on bail.

4. Learned State counsel opposes the prayer for grant of bail.

5. Taking into consideration the nature of allegation and the quantity of liquor which has already been seized, offence is triable by Judicial Magistrate First Class and the applicant is in jail since 05.04.2021, no further evidence is necessary therefore this Court is inclined to release the applicant on bail. Accordingly, this application is allowed.

6. It is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.15,000/-with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

7. Accordingly, I.A. No. 01 i.e. application for hearing the matter in summer vacation & I.A. No. 02 i.e. application for urgent hearing and stands disposed off.

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