Ganesh Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3146 of 2021 Ganesh Kashyap S/o Ayaturam aged about 19 Years R/o Bazarpara Dilmili, Police Station: Kodenar, District: Bastar Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh through The Kodenar, District Bastar Chhattisgarh.

---- Respondent _____________________________________________________________ For Applicant : Mr. Pravin Kumar Tulsyan, Advocate.

For Respondent/State : Mr. Sudeep Verma, Dy. G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 28.05.2021

1. The matter is heard through Video Conferencing.

2. Heard on admission.

3. Admit.

4. Since, case diary/necessary information is available therefore, with the consent of both the parties heard finally.

5. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No. 30/2021, registered at Police Station: Kodenar, District: Bastar (C.G.) for the offence punishable under Section 34 (2) of the C.G. Excise Act.

6. As per the prosecution story on 27.03.2021, on the basis of secret information received from an informant, police officials searched and seized total 13 Bulk Litre of illicit liquour from the possession of the present Applicant. On the basis of said, offence was registered and the Applicant was arrested on 27.03.2021.

7. Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. He submits that presently Applicant is in jail since 27.03.2021. He further submits that the applicant has no previous antecedents and charge-sheet has not been filed and trial is likely to take some more time. Therefore, the Applicant may be released on bail.

8. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

9. I have heard learned Counsel for the parties. 10.

After due consideration and particularly considering the detention period of the Applicant and the seized quantity of liquor, without further commenting on other merits of the case, I am inclined to release the Applicant on bail.

11.

Accordingly, the bail application is allowed. 12.

It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed. SD/- (Arvind Singh Chandel) Judge Amardeep/Saurabh