Nemichand Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

5 308 of 2015 • Nemichand Yadav, son of late Birju Yadav, aged about 32 years, resident of Village-Badhiyatola, Dongargarh, Police Station-Dongargarh, District-Rajnandgaon (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, Police Station -Dongargarh, District - Rajnandgaon (C.G.) ---- Non-applicant For Applicant:

Mr. Purunendra Khichariya, Advocate.

For Respondent/State:

Mr. Ashutosh Pandey, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 5 / 1 0/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 417/2015 registered at Police Station Dongargarh, District Rajnandgaon for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.

(2) Case of the prosecution, in brief, is that the applicant was found in possession of 6.300 bulk liters of illicit liquor.

(3) Learned counsel for the applicant submits that the applicant has falsely been implicated in the case, and therefore, the applicant may be released on bail.

(4) On the other hand, learned counsel for the State submits that one case is already registered & pending against the present applicant in relation to the excise offences and, therefore, he is not entitled for regular bail.

(5) Considering the totality of the facts, in particular, the criminal antecedent of the applicant; and in view of the provisions contained in Section 59-A(ii) of the C.G. Excise Act, 1915; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-