High Court Of ChhattisgarhMCRC/5810/2018allowed

Rakesh Bhardwaj v. State Of Chhattisgarh

2018-09-05Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5810 of 2018 • Rakesh Bhardwaj S/o Chinta Bhardwaj Aged About 26 Years R/o Village Sudheli, Police Station Balodabazar, District Balodabazar- Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Balodabazar, District Balodabazar- Bhatapara, Chhattisgarh. ---- Respondent _____________________________________________________________ For Applicant : Shri S.K. Guha, Advocate.

For Respondent/State : Shri UKS Chandel, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 05/09/2018

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. 420/2018, registered at Police Station Balodabazar, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 29.07.2018, on the basis of information received from the informant, Police authority searched the applicant and total 6.500 litres of country made liquor was seized from the possession of the present applicant and he was arrested on 29.07.2018.

3. Shri S.K. Guha, learned counsel appearing on behalf of the Applicant submits that applicant is innocent and he has been falsely implicated in the present case. He further submits that the applicant has no criminal antecedent, he is in custody since 29-07-2018 and trial will likely to take some time to conclude, therefore, applicant may be

released on bail.

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

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant has no criminal antecedent, he is in custody since 29-072018 and trial will likely to take some time to conclude, without further commenting on merit 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 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 Shubham