High Court Of ChhattisgarhMCRC/1362/2021allowed

Pyarelal Yadav v. State Of Chhattisgarh

2021-06-18Hon'Ble The Acting Chief Justice2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1362 of 2021

1. Pyarelal Yadav, S/o Shri Sukhram Yadav, aged about 38 years, R/o Village Mahuaatikra, Post Bhitti, Police outpost Manipur, Police Station Ambikapur, District Sarguja (CG) ---- Applicant

Versus

State Of Chhattisgarh Through the Station House Officer, Police Station Excise Circle Ambikapur, District Sarguja (CG) ---- Non-Applicant For Applicant : Shri Rishi Rahul Soni, Advocate.

For Non-Applicant : Shri V.R. Tiwari, Additional AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 18/06/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.130/2020 registered in Police Station Excise Circle Ambikapur, District Sarguja for offence under Section 34 (1)(a), 34(2), 59(A) & 36 of the CG Excise Act, 1915.

2. This is the 2nd bail application on behalf of the applicant.

3. The first bail application was dismissed for want of prosecution.

4. The applicant was found in illicit possession of 15.84 bulk liters of Goa Whiskey Foreign Liquor.

5. The applicant was in jail from 8.10.2020 to 12.10.2020 and thereafter from 4.12.2020 to 19.5.2021. Presently he has been released for a period of 90 days pursuant to the order passed by the State Level Committee constituted under the orders passed by the Hon'ble Supreme Court.

6. In the circumstances, I am inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. It is made clear that if the applicant is found to involve in similar nature of offence in the future, this order granting bail to the applicant shall automatically stand cancelled and in that event, the concerned Police shall be entitled to arrest the applicant. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve