Nageshwar Kashyap @ Baba v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5269 of 2019 Nageshwar Kashyap @ Baba S/o Santosh Kashyap Aged About 21 Years R/o Jarhagaon, Police Station Jarhagaon, District Mungeli Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Of Jarhagaon, Police Station, Mungeli, District Mungeli Chhattisgarh. ---- Respondent For the Applicant :

Shri Samir Singh, Advocate on behalf of Shri Pallav Mishra, Advocate.

For the Respondent/State :

Shri Shrikant Kaushik, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

20.08.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.176 of 2019, registered at Police Station Jarhagaon, District - Mungeli, Chhattisgarh for the offence punishable under Sections 34(1), 34(2) and 59(A) of the Chhattisgarh Excise Act.

2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 5.760 bulk liters and he was arrested on 27.7.2019.

3.

Learned counsel for the applicant submits that the applicant is in jail since 27.7.2019 and the applicant has been falsely implicated in this case;

therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has no previous antecedents of similar offence.

5.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 5.760 bulk liters; offence is triable by the JMFC and the applicant is in jail since 27.7.2019, this Court is inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi