High Court Of ChhattisgarhMCRC/2548/2019allowed

Vishal Chandel v. State Of Chhattisgarh

2019-04-25Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2548 of 2019 Vishal Chandel S/o Shri Bhukhan Chandel Aged About 26 Years R/o Subhash Nagar, Police Station Telibandha, District Raipur Chhattisgarh. Mo. No. 9827143366.

---- Petitioner

Versus

State Of Chhattisgarh Through Police Station Telibandha, Raipur Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri N. Naha Roy, Advocate.

For Respondent/State : Shri V.K. Agrawal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 25/04/2019

1. 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. 153/2019, registered at Police Station - Telibandha, District- Raipur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 19.03.2019 on the basis of information received from an informant, police officials raided and searched the Applicant. On being searched, total 5.40 Bulk Litres of country-made liquors has been seized from the possession of the Applicant. The Applicant has been taken into custody on 19.03.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant has been falsely implicated in the present case. He further submits that the charge-sheet has been filed and trial will take time, therefore, the Applicant may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that there is one more antecedent of the Applicant of same nature.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, particularly considering the small quantity of liquor and the fact that the Applicant is in custody since 19.03.2019 and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicant on bail.

7. Accordingly, the bail application is allowed.

8. 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 Saurabh