Manoj Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2696 of 2017 • Manoj Yadav S/o Sohan Yadav, Aged About 28 Years R/o Village Jhakharpara, Police Station & Post Office Devbhog, District Gariyaband, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Devbhog, District Gariyaband, Chhattisgarh. ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri OP Sahu, Govt. Advocate Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11.5.2017 Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.64/2017 registered in Police Station Devbhog, Distt. Gariyaband for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. 3.

Learned counsel for the applicant submits that the applicant has been arrested on 31.3.2017, charge sheet is not yet filed, the applicant has been remanded by Chief Judicial Magistrate, Gariyaband. As per the allegation, from the possession of application 226.980 bulk liters of country made/foreign liquor has been seized. He is the first offender, he has been falsely

implicated in crime in question, his application for bail may be allowed.

4.

Per contra, learned counsel for the State opposes the bail application on the basis of huge quantity of liquor so seized from the possession of the applicant.

5.

Perused the entire material.

6.

On due consideration of the fact that huge quantity of liquor, i.e. 226.980 bulk liters, has been seized from the possession of the applicant, I am not inclined to grant bail to the applicant. . 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is hereby dismissed.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini