Amit Kumar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 869 of 2019 Amit Singh Sharma S/o Late Shri Awadhesh Sharma, aged about 42 years R/o Kumharpara Karbala, PS City Kotwali, Bilaspur, District Bilaspur (C.G.) --- Applicant

Versus

State of Chhattisgarh Through PS City Kotwali, Distt. Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. Dheerendra Pandey, Advocate For Respondent :

Mr. Alok Nigam, Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 14/02/2019 1.

The Applicant has preferred this first bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 37/2019 registered at Police Station- City Kotwali, Distt. Bilaspur (C.G.) for the offence punishable under Sections 34 (2) of the Excise Act.

2.

As per prosecution story, on the basis of information received from the informant, the police has searched and seized 5.760 bulk liters of English made liquor from the illegal possession of the present Applicant. Offence was registered and the Applicant has been arrested on 25/01/2019.

3.

Learned counsel appearing on behalf of the Applicant submits that the Applicant has been falsely implicated. He is innocent. He further submits that the Applicant is in custody since 25/01/2019 and the trial

will likely to take some more time, therefore, he may be released on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the above facts and circumstances of the case, particularly considering that the applicant is in custody since 25/01/2019 and the trial is likely to take some time, without further commenting on merit of the case, I am inclined to release the Applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs.25000/- with one local solvent surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- Judge Arvind Singh Chandel Rahul