High Court Of ChhattisgarhMCRC/6305/2018allowed

Shailesh Kumar Nirmalkar v. State Of Chhattisgarh

2018-09-10Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6305 of 2018 • Shailesh Kumar Nirmalkar S/o Ramswarup Nirmalkar Aged About 23 Years R/o- Newai Basti Near Govt. School Police Station Newai Tahsil And DistrictDurg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station, Newai, District- Durg, Chhattisgarh.

---- Respondent For Applicant : Shri Avinash Chand Sahu, Advocate.

For Respondent/State : Shri Vaibhav Goverdhan, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 10/09/2018

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. 166/2018, registered at Police Station Newai, District Durg (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 12.08.2018, on the basis of information received from an informant, police personnels searched the applicant and total 6.3 bulk litres of country-made liquor has been seized from his possession and he has been arrested on 12-08-2018.

3. Shri Avinash Chand Sahu, learned counsel appearing on behalf of the Applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant has no criminal antecedent of same nature, he is in custody since 12-08-2018 and trial will take some time. Therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes

the bail application.

5. I have heard learned Counsel for the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant is in custody since 12-08-2018 and trial is likely to take some time, without further commenting on merits 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 solvent 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 Shubham