Rajesh Bhardwaj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3227 of 2021 • Rajesh Bhardwaj, son of Dujram, aged about 24 years, resident of Ward No.1, Sakti, Police Station Sakti, District Janjgir-Champa (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle Sakti, District Jangir-Champa (C.G.) ---- Non-Applicant For Applicant : Shri K.K.Pandey, Advocate For State/Non-Applicant : Shri Vikram Sharma, Dy.G.A.

Hon'ble Shri Justice Sanjay S. Agrawal Order On Board 28.05.2021

1. 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.), seeking grant of regular bail to him, as he has been arrested on 23.03.2021 in connection with Crime No.259 of 2021, registered in Police Station Excise Circle Sakti, District Janjgir-Champa C.G. for the offence punishable under Sections 34 (1) (a), 34 (2) and 59-A of the Chhattisgarh Excise Act.

2. According to the prosecution story, 12 bulk liters of hand made Mahua liquor and 100 kg. of Mahua liquor have been seized from the possession of the applicant, and therefore, the alleged offence has been registered against him.

3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in connection with the said crime and further submits that the offence is triable by the Judicial Magistrate First Class, and therefore, looking to his detention period, he may be enlarged on bail.

4. On the other hand, learned counsel appearing for the State/Nonapplicant has opposed the bail application.

5. I have heard learned counsel appearing for the parties and perused the record carefully.

6. 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 the Judicial Magistrate First Class, I am inclined to enlarge the applicant on bail.

7. Accordingly, the application filed under Section 439 of the Cr.P.C. is hereby allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the 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 Anjani

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 3227 of 2021 Rajesh Bhardwaj Versus State Of Chhattisgarh Through Video Conference 28.05.2021 Shri K.K.Pandey, counsel for the applicant.

Shri Vikram Sharma, Dy. G.A. for the State/Non-applicant. Heard on I.A.No.03/2021, an application for exempting the applicant from filing the certified copy of the order impugned dated 12.04.2021. On due consideration, the said application is allowed and the applicant is exempted from filing the certified copy of the impugned order. In view of abobe, I.A.No.03/2021 stands disposed of. Heard finally. Order dictated in open court. Signed and dated separately.

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