Decided on August 10,2005

Jawahar Chauhan Appellant
State Of C G Respondents


- (1.) THIS application has been preferred by the applicant for grant of bail under Section 439 of Cr.P.C. as he is in custody in connection with Crime No. P. 8 No. 51/2005 registered with Excise Sector 1, Bhilai, Durg, for the offence punishable under Section 34(2) of the Excise Act. The allegations against the present applicant is that on the basis of secret information the house of present applicant was raided by the Excise Department on suspicion on 15-06-2005 and 30.24 bulk litres of illicit liquor was seized from the custody of the present applicant. Learned counsel for the applicant submits that there is no evidence on record to show that the applicant was in exclusive possession of the said house and the applicant has been falsely implicated in the above case. He further submits that there is no criminal record of the present applicant and this is the first offence. On the other hand learned counsel for the State opposes the bail application and submits that according to the Patwari Map the present applicant is the owner of the house and the contraband was seized from the custody of the applicant and he is involved in the trade of illicit liquor. However it is not disputed that there is no criminal antecedent against the present applicant. I have heard learned counsel for the parties. Taking into consideration the facts and circumstances of the case, the quantity of contraband seized from the applicant and further considering that the applicant does not have any criminal antecedent, I am of the opinion that present is a fit case where the applicant should be extended the facility of bail Accordingly the application is allowed and it is directed that on applicant namely, Jawahar Chauhan executing a personal bond in the sum of Rs. 25,000/- with two sureties of the like sum to the satisfaction of the trial Court he should be released on bail. In case the applicant involves himself in any offence of similar nature in future his bail bond shall be liable for forfeiture without reference to this Court. Bail Granted.;

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