Vinod Jaiswal & Another v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Vinod Jaiswal S/o Late Mithlesh Choudhary Aged About 45 Years

2. Sagar Jaiswal S/o Vinod Jaiswal Aged About 22 Years Both Resident Of Village Karji, Police Station Darima , Tahsil Ambikapur , District Sarguja Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer , Darima , District Sarguja Chhattisgarh ---- Respondent For Applicant Mr. CJK Rao, Advocate For Respondent /State Mr. R. Tripathi, Panel Lawyer SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 17/3/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.148/2020 registered at Police Station Darima for the offence punishable under Section 34(1)(d), 34(2) and 59-d 36 of the Excise Act.

3. Learned counsel for the applicants submits that although the

applicants have been found in possession of 313.46 bulk litres of foreign made liquor but they are in jail since 14.11.2020, therefore, they are entitled to be released on regular bail.

4. On the other hand, learned counsel for the State opposes the bail application. He would submit that there are previous criminal antecedents of applicant No.1 Vinod Jaiswal of committing similar nature of offence.

5. Considering that the offences are triable by the Judicial Magistrate First Class and the applicants are in jail since last more than 4 months, I am inclined to release the applicants on regular bail.

6. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna