High Court Of ChhattisgarhMCRC/6079/2018allowed

Dwarika Prasad v. State Of Chhattisgarh

2018-09-17Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6079 of 2018 Dwarika Prasad S/o Jivanrakhan Lal Aged About 64 Years R/o Village Mohandi, Thana Khallari Tahsil Bagbahara, District- Mahasamund, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh, Through- The Excise Officer, Excise Circle (City)- Mahasamund, District- Mahasamund, Chhattisgarh ---- Respondent For Applicant :

Shri Vikash Pradhan, Advocate.

For Respondent/State :

Shri Vaibhav Goverdhan, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 17/09/2018

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. 20/2018, registered at Police Station Excise Circle (City) Mahasamund, District - Mahasamund (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on the basis of information received from the informant on 07.08.2018, the Excise Officials searched the house of the applicant and seized 9 bulk litres of Goa Whisky from the possession of the accused/applicant. He has been arrested on 07.08.2018.

3. Shri Vikash Pradhan, 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 9 bulk litres and there is no criminal antecedent of the applicant. He further submits that the applicant is in custody since 07.08.2018 and trial will 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.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant is in custody since 07.08.2018, charge-sheet has not been filed yet, therefore, trial will likely to take some time, 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 yasmin