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[Cites 3, Cited by 1]

Chattisgarh High Court

Kuldeep Singh @ Kalle vs State Of Chhattisgarh on 10 August, 2015

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                                                            NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR

                     MCRC No. 3819 of 2015

      • Kuldeep Singh @ Kalle Son of Sewa Singh, aged about 28
        years, R/o Vrinda Nagar, Camp. 1 Ward No.19, P.S.
        Chhavni Bhilai, Tahsil and District Durg (C.G.)

                                                    ---- Applicant

                              Versus

      • State Of Chhattisgarh Through: Station House Officer
        Arang, Civil & Revenue District Raipur (C.G.)

                                                  ----Respondent

For Applicant: Mr. Punit Ruparel, Advocate. For Respondent/State: Mr. Aditya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 10/08/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 175/2015 registered at Police Station Arang, District Raipur for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

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(2) Case of the prosecution, in brief, is that the applicant was found in possession of 43.200 bulk liters of illicit liquor. (3) Learned counsel for the applicant submits that the applicant has falsely been implicated in the case, and therefore, the applicant may be released on bail. (4) On the other hand, learned counsel for the State submits that elevan criminal cases are already registered against the present applicant and, therefore, the applicant is not entitled for regular bail.

(5) Considering the totality of the facts, in particular, the criminal antecedents of the applicant as well as quantity of liquor; and in view of the provisions contained in Section 59-A(ii) of the C.G. Excise Act, 1915; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/-

(Sanjay K. Agrawal) Judge D/-