High Court Of ChhattisgarhMCRC/3187/2021allowed

Badal Nag v. State Of Chhattisgarh

2021-05-24Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3187 of 2021 Badal Nag S/o Mohan Nag, aged about 19 years, R/o Danteshwari, Ward Jagdalpur, PS Bodhghat, District Bastar, Chhattisgarh, ---- Applicant

Versus

State of Chhattisgarh, Through The Bodhghat, District Bastar, Chhattisgarh ---- Respondent _____________________________________________________________ For Applicant : Mr. Pravin Kumar Tulsyan, Advocate.

For Respondent/State : Mr. Devendra Pratap Singh, Dy. AG.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 24.05.2021

1. The matter is heard through Video Conferencing.

2. 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. 85/2021, registered at Police Station - Bodhghat, District Bastar (C.G.) for the offence punishable under Section 34 (2) of CG Excise Act.

3. As per the prosecution story, on the basis of information received from informant, police personnels searched and seized total 9 bulk liter of country-made liquor from the possssion of present applicant. Thereafter, applicant was arrested on 23.3.2021.

4. Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that the Applicant has no criminal antecedent of same nature, he is in custody since 23.3.2021, charge-sheet has been filed

and trial will take some time. Therefore, he may be released on bail.

5. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

6. I have heard learned Counsel for the parties.

7. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant has no criminal antecedent of same nature, he is in custody since 23.3.2021 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

8. Accordingly, the bail application is allowed.

9. 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 Prakash