Jagatram Bharadwaj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5909 of 2018 Jagatram Bharadwaj, aged about 48 years, S/o Shri Hirau Bharadwaj, R/o Village, Sudheli, Baloda Bazar, P.S. Baloda Bazar, Baloda Bazar, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh, Police Station - City Kotwali, District - Baloda Bazar, Chhattisgarh ---- Respondent For Applicant : Shri Anchal Kumar Matre, Advocate.

For Respondent/State : Shri S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 29/08/2018

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. 427/2018, registered at Police Station City Kotwali, District - Baloda Bazar (C.G.) for the offence punishable under Section 34(2) of the Excise Act.

2. As per the prosecution story, on the basis of information received from the informant on 29.07.2018, Police parties has raided and searched the house of the applicant and seized 7.00 bulk litres of country made liquor from the possession of the applicant. The applicant was arrested on 29.07.2018.

3. Shri Anchal Kumar Matre, 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 seized liquor was only 7.00 litres and there is no previous criminal antecedent of the applicant. He further submits that the applicant is in custody

since 29-07-2018 and trial will likely to take some more time, therefore, he 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 and perused the case diary.

6. Considering the facts and circumstances of the case, further considering the quantity of seized liquor, detention period of the applicant and the fact that the applicant is in custody since 29-07-2018 charge sheet has been filed, therefore, trial will likely to take some time, without further commenting on merit of the case, I am inclined to release him 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 yasmin