High Court Of ChhattisgarhMCRC/2322/2020allowed

Johan Yadav v. State Of Chhattisgarh

2020-04-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2322 of 2020 • Johan Yadav S/o Shriram Yadav, Aged About 40 Years R/o Village Kushbhetha, Thana Saliha, District Balodabazar Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund Chhattisgarh ---- Respondent For Applicant/s :

Mr. Vikash Pradhan, Advocate For State :

Shri H.S. Ahluwalia, Dy. A.G.

S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/04/2020 Heard.

1. The applicant has been arrested in connection with Crime No.154 of 2020 registered at Police Station- Basna, District- Mahasamund (CG), for alleged commission of offence under Section 34 (2) of the C.G. Excise Act 1915.

2. Case of the prosecution, in brief, is that from possession of the applicant, 5.50 bulk litres illicit country made liquor was seized.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant is in jail since 12.04.2020 and looking to the nature of allegation, further custodial interrogation may not be necessary. Therefore, the applicant may be enlarged on bail.

4. On the other hand, learned counsel for the State opposed the application. He submits that presently, the investigation is going on and charge sheet has not been filed so far, therefore, at this stage, the applicant may not be released on bail.

5. Taking into consideration that the applicant is in jail since 12.04.2020, the

-2quantity of liquor involved in the case and further considering the submission that custodial interrogation may no longer be necessary, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.10,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court, with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Ravi