Allowed

Neelkanth Patel @ Poi v. State Of Chhattisgarh

Chhattisgarh HC13 Dec 2016MCRC/7278/2016

Case brief

AI extract

What is this about?

This order grants regular bail to the applicant accused of smuggling illicit liquor under the Chhattisgarh Excise Act. The High Court, weighing the filed charge sheet and the quantity of seized liquor, ordered release on a personal bond with one surety.

What did the court decide?

Application allowed; applicant directed to be released on bail on executing a personal bond in Rs.25,000/- with one surety.

Neelkanth Patel @ Poi Vs State Of… — Pension and Retirement Benefits | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7278 of 2016

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Neelkanth Patel @ Poi S/o Champu Patel, Aged About 20 Years R/o Patel Para Aarang, Police Station Aarang, District Raipur, Chhattisgarh. --- Applicant

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Versus

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State of Chhattisgarh through its Police Station Aarang, Civil & Revenue District Raipur, Chhattisgarh. --- Respondent

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For the applicant : Mr. Rekhraj Baghel, Advocate For the Respondent : Mr. Vivek Singhal, Panel Lawyer

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Hon'ble Shri Justice GOUTAM BHADURI

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Order on Board

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13.12.2016

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This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 297/2016 (as per the covering memo filed by the counsel for the applicant) registered at P.S. Arang, Distt. Raipur (C.G) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

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The prosecution alleges that when a raid/inspection was conducted by the Police, 5.400 bulk litres of illicit liquor was seized from the possession of the applicant.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as no seizure was made in person from him. He further submits that the applicant is in jail since 07.08.2016 and the charge sheet having been filed, no further investigation is necessary, therefore, he may be enlarged on bail.

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Per contra, learned State Counsel opposes the bail application.

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Taking into consideration the facts and circumstances of the case especially the fact that the charge sheet in this case has been filed; offence is triable by the JMFC and the applicant is in jail since 07.08.2016 and further looking to the quantity of liquor i.e., 5.400 bulk litries, this Court is inclined to release him on bail. Accordingly, this application is allowed.

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The applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the said Court as and when directed by the said Court.

C.c. as per rules.

Sd/-

GOUTAM BHADURI JUDGE

R a o

Neelkanth Patel @ Poi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Neelkanth Patel @ Poi v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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