Chattisgarh High Court
Raki @ Rakesh Bablani vs State Of Chhattisgarh on 4 August, 2017
Author: P. Sam Koshy
Bench: P. Sam Koshy
-1-
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MISC. CRIMINAL CASE NO. 4653 OF 2017
Raki @ Rakesh Bablani S/o Mansukh Bablani, aged about 24 years, R/o
Gali No.7, Dabripara, Ravigram, PS Telibandha, Raipur, Tehsil and District
Raipur (CG).
... Applicant
Versus
State of Chhattisgarh, through Station House Officer, Police Station
Telibandha, Raipur, District Raipur (CG).
... Respondent
For Applicant : Shri Vivek Tripathi, Advocate. For Respondent-State : Ms. M. Asha, Panel Lawyer.
Hon'ble Shri Justice P. Sam Koshy Order on Board 04/08/2017
1. This is repeal bail application seeking for grant of bail to the Applicant who is in jail since 18.12.2016 in connection with Crime No. 423 of 2016 registered at Police Station Telibandha, Raipur, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. The earlier one was rejected on 21.02.2017.
2. As per the prosecution, on search being made total 6.3 bulk liters of illicit liquor was seized from the unlawful possession of the Applicant and therefore he has been charged with the offence punishable under Section 34(2) of the Chhattisgarh Excise Act and was arrested on 18.12.2016.
3. Learned Counsel for Applicant submits that the Applicant is innocent, he has been falsely implicated in the instant case and no liquor has been seized from his exclusive possession. He further submits that the Applicant is in custody since 18.12.2016 and therefore he may be enlarged on bail.
-2-
4. Opposing the bail application, learned Counsel for the State submits that the Applicant was found to be in unlawful possession of 6.3 bulk liters of illicit liquor and therefore he may not be enlarged on bail.
5. Without commenting on merits, considering the totality of the facts and circumstances of the case, taking into account the quantity of liquor alleged to have been seized and the period of custody undergone by the appellant that he is in detention since 18.12.2016, which by now makes it more than 7 & ½ months, this Court is of the opinion that the present is a fit case where the Applicant can be enlarged on bail.
6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.
Sd/-
(P. Sam Koshy) Judge inder