Trilok vs State Of Chhattisgarh

This bail application is filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 46/2022 registered at Police Station Bhatapara (Town), District Balodabazar-Bhatapara C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

Prosecution story, in brief, is that on 25.01.2022, 9.900 bulk litre of country made liquor was seized from the illegal possession of present applicant. Thereafter, offence was registered.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. He would further submit that it is a case of illegal possession of only 9.900 bulk litre of country made liquor; applicant is in jail since 25.01.2022 and two cases against the applicant as mentioned in the impugned order have already been decided, which are under the Excise Act and the Public Gambling Act and only one case against him under Section 34(A) of the Excise Act is pending, therefore, he may be released on bail.

On the other hand, learned State counsel opposes the bail application by stating that applicant is a habitual offender, hence he is not entitled to be released on bail.

I have heard learned counsel for the parties, perused the case diary and material available on record.

Considering the facts and circumstances of the case; further taking into consideration the nature & gravity of the offence; quantity of liquor seized from the possession of the applicant and period of detention, I am inclined to enlarge the applicant on bail.

Accordingly, the present bail application is allowed. It is directed that on the applicant's furnishing one solvent surety for a sum of Rs. 25,000/- along with one personal bond in the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said Court, he shall be released on bail.

Certified copy as per rules.