Dilip @ Vicky v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6058 of 2017 • Dilip @ Vicky S/o Shri Rameshwar, Aged About 26 Years, R/o Village Achholi, Police Station Urla, Tahsil & District Raipur Chhattisgarh, Mobile No.7770915916.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer ,Police Station Urla, Tahsil & District Raipur Chhattisgaon.

---- Non-applicant For Applicant - Shri D.N.Prajapati, Advocate. For Non-applicant/State - Shri U.K.S.Chandel, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 08-11-2017 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for regular bail. The applicant was arrested on 23-05-2017 in connection with Crime No.126/2017 registered at P.S. Urla, District Raipur, C.G. for the offence under Section 34(2) of the C.G. Excise Act.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in custody since 23-05-2017. Hence, he may be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 7.300 bulk liter illicit country made liquor has been seized from the possession of the applicant. It is further submitted that the applicant has criminal history of previous 9 cases registered under the provisions of IPC and one previous case under the provision of C.G. Excise Act and various other proceedings had been initiated against the

-2applicant under the provisions of Cr.P.C. Hence, for these reasons he should not be enlarged on bail.

4.

Heard learned counsel for both the parties and perused the case diary. 5.

Considering that there is no report of conviction against the applicant, this Court is of the opinion that the applicant should be granted bail. 7.

Consequently, the application (MCRC No.6058/2017) filed under Section 439 of the Cr.P.C. by the applicant is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 8.

Certified copy as per rules.

7.

On the prayer made by learned counsel for the applicant, the trial Court is directed to expedite the trial and adjudicate the case as soon as possible. Sd/- (Rajendra Chandra Singh Samant) Judge Aadil