Anil Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5805 of 2015 Anil Yadav, S/o. Dashrathlal Yadav, Aged About 40 Years, R/o. Village Peteshri, Police Station Lalbagh, Tehsil & District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through the Police Station Lalbagh, DistrictRajnandgaon, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. S.S.Baghel, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 02/11/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.326/2015 registered at Police Station- Lalbagh, Rajnandgaon (C.G.) for the offence punishable under Section 34(2) of the Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 25.020 bulk liters and he was arrested on 03.10.2015.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 03.10.2015; therefore, he may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. He would submit that as per the information received from the concerned SHO, there are two cases of Excise Act regisered against this applicant.

5.

Learned counsel for the applicant in response to the submission of State counsel submits that in earlier cases, the applicant has been acquitted and the certified copy of the order has been placed on record.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 25.020 bulk liters; offence is triable by the JMFC and the applicant is in jail since 03.10.2015, this Court is inclined to release the applicant on bail. 7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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. 9.

It is made clear that if the applicant is found to be involved in similar offence again, this order granting bail to the applicant shall automatically stand canceled without reference to the Court and the concerned police shall be at liberty to re-arrest the applicant in this case also, after informing the concerned Judicial Magistrate where trial is pending.

10.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Ashok