Raj Kumar Kashyap v. State Of Chhattisgarh

M.Cr.C. No. 2913 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2913 of 2020 • Raj Kumar Kashyap S/o Shri Ram Narayan Kashyap, aged about 42 years, R/o Village Loharsi, Police Station - Shivarinarayan, Civil & Revenue District - Janjgir-Champa (C.G.).

---- Applicant

Versus

• State of Chhattisgarh, Through: The Station House Officer, Police Station - Shivarinarayan, Civil & Revenue District - Janjgir-Champa (C.G.) ---- State/Non-applicant For Applicant :

Shri Paras Mani Shriwas, Advocate For Non-Applicant/State :

Shri Vimlesh Bajpai, Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 19.11.2020

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 09.03.2020 in connection with Crime No. 69/2020 registered in Police Station- Shivarinarayan (CG) for the offence punishable under Sections 34 (2) & 36 of the CG Excise Act.

2. Allegation against the applicant is that he was found in illegal possession of 171 bulk litres of country made liquor (950 quarter).

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, he is languishing in jail since 09.03.2020 and conclusion of the trial is likely to take some time.

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

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicant and the fact that conclusion of the trial may

M.Cr.C. No. 2913 of 2020 take some time, without expressing any opinion on merits of the case, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.50,000/- with two equivalent sureties for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.

6. It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench. Sd/- (Gautam Chourdiya) Judge vatti