Durgesh @ Bhaiyalal Jayswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3179 of 2021 • Durgesh @ Bhaiyalal Jayswal S/o Bedram @ Munnalal Jayswal Aged About 28 Years R/o Village Kodva Mahant, Tahasil And Police Station Lormi, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Lormi, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh --Non-Applicant For Applicant :

Shri Umesh Verma, Advocate For Non-Applicant/State :

Smt. Fouzia Mirza, Addl. Advocate General Hon'ble Justice Shri Sanjay S. Agrawal Order on Board 28.5.2021

1. The matter is heard through video conference.

2. This is the first bail application filed by the Applicant under Section 439 of the Code of Criminal Procedure, 1973(hereinafter referred to as 'the Cr.P.C.') for grant of regular bail as he has been arrested on 28.4.2021 in connection with Crime No. 148/2021, registered at Police Station- Lormi, District Mungeli (CG) for the offence punishable under Sections 34(1)(f), 34(2) and 59(A) of the Chhattisgarh Excise Act, 1915.

3. According to the prosecution, 60 bulk liters of hand made Mahua liquor has been seized from the possession of the Applicant and therefore, the alleged offence has been registered against him.

4. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in connection with the aforesaid crime as the alleged seizure has not been made from his possession. It is submitted further that as the Applicant is in jail since 28.4.2021 and the offence is triable by Judicial Magistrate First Class, therefore, he may be enlarged on bail.

5. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application.

6. I have heard learned counsel for the parties and perused the case diary carefully.

7. Having heard learned counsel for the parties, having considered the facts and circumstances of the case and considering further the length of pre-trial detention of the Applicant with regard to the offence triable by Judicial Magistrate First Class, I am inclined to enlarge the Applicant on bail.

8. Accordingly, bail application filed under Section 439 Cr.P.C. is allowed. It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Sanjay S. Agrawal) Vacation Judge sunita