Kamlesh Ratre vs State of Chhattisgarh

K.H.N. Kuranga, J.—Heard both the Counsel.

This petition u/s 439 of Cr.PC has been filed by applicant-Kamlcsh Ratre for grant of bail. He is the accused in Crime No. 128/2003, registered in Police Station : Excise Department, Rajnandgaon, for the offence punishable u/s 34(1)(a) of the C.G. Excise Act.

The case of the prosecution is that 33.12 bulk litres of liquor was seized from the house of the applicant on 13-12-2003.

Learned Counsel for the applicant submitted that the prosecution has not collected any material to show that the applicant was owner of the house from which the liquor was seized, which is not disputed by learned Counsel for the State. He further submitted that it is not stated in the seizure panchnama that the applicant was the only inmate of the house from which the liquor was seized which is also not disputed by learned Counsel for the State. The applicant is aged about 27 years and he is in jail since 13-12-2003.

Having regard to the facts and circumstances of the case, I am of the opinion that it is a fit case to admit the applicant to bail. Accordingly, the petition is allowed and applicanl-Kamlesh Ratre is directed to be released on bail on his executing a bond in the sum of Rs. 5,000/- with two sureties for the like sum to the satisfaction of the concerned Court, for his appearance before the said Court or as and where so directed. If he fails to appear before the said Court even once, the bail granted to him shall automatically stand cancelled and the concerned Court shall take action against the applicant and his sureties in accordance with law.

Parties are entitled for certified copy of this order.