Dhanesh Bhardwaj v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2342 of 2020 Dhanesh Bhardwaj S/o Bhagbali Bhardwaj Aged About 45 Years R/o Village - Dhruvakari, Police Station - Pachpedi, Tahsil - Masturi, District- Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station - Pachpedi, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri Dharmesh Shrivastava, Advocate For State :

Shri H.S. Ahulwalia, Dy. Advocate General S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/05/2020 Heard.

1. The applicant has been arrested in connection with Crime No.41 of 2020 registered at Police Station- Pachpedi, District- Bilaspur (CG) for alleged commission of offence under Section 34 (2) and 59 (a) of the C.G. Excise Act.

2. Case of the prosecution, in brief, is that the applicant was found in possession of 7 bulk litres of country made liquor without any authority of law.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated. He submits that at this stage when liquor has already been seized, there may not be further necessity of further interrogation. The applicant is in jail since 19.4.2020, therefore, he may be enlarged on bail.

4. On the other hand, learned counsel for the State opposed the application.

-2He submits that 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 the nature of allegation, quantity of liquor alleged to have been seized from the applicant, the applicant is in jail since 19.4.2020 and that his further custodial interrogation need not 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 Praveen