Banwali Agrawal v. State Of Chhattisgarh

MCRC NO.3470 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3470 of 2019

1. Banwali Agrawal S/o Late Lalaram Aged About 41 Years Permanent, R/o Village Matiya, Thana And Tehsil Patan, Post Gujra, Disrtict- Durg, Chhattisgarh Current Address-Hathkhoj Para, Utai, Thana Utai, Tehsil And District- Durg, Chhattisgarh. ---- Applicant

Versus

1. State Of Chhattisgarh Through District- Magistrate District- Durg, Chhattisgarh.

---- Respondent For Applicant Ms. Priya Sharma, Advocate For Respondent/State Shri Ravi Bhagat, Dy. Govt. Adv.

Order On Board By Hon'ble Smt. Justice Rajani Dubey 24/05/2019 1.

Heard.

2.

The applicant has preferred this bail application filed under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.70/2019 registered in Police Station Patan, District Durg, for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

MCRC NO.3470 of 2019 3.

Case of the prosecution, in short, is that on the basis of secret information the police intercepted the applicant and seized 5.22 bulk liters of illicit country made liquor from his possession. 4.

Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the case. The offence is tribal by Magistrate. Therefore, the applicant deserves to be released on bail.

5.

Shri Ravi Bhagat, learned Dy. Govt. Advocate appearing for the State, per contra, would oppose the application for grant of bail. 6.

Having regard to the facts situation of the case, particularly considering the fact that the applicant is in detention since 18-4-2019, this Court is inclined to release him on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Rajani Dubey) Vacation Judge Gowri