Anil Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5976 of 2019 Anil Yadav S/o Dashrath Yadav Aged About 50 Years Caste Yadav, R/o Village Peteshri, Chowki O. P. Tumdibod, P. S. Lalbag, Tahsil And District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through O. P. Tumdibod, P. S. Lalbag, Tahsil And District Rajnandgaon Chhattisgarh.

---- Respondent For Applicant :

Mr. S.S. Baghel, Advocate For Respondent :

Mr. Neeraj Mehta, P.L.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/09/2019 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.419/2019, registered at Police Station- Lalbag, District - Rajnandgaon (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act. 2.

The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 6.300 bulk liters and he was arrested on 27.08.2019.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 27.08.2019; therefore, he may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail, however, he would submit that as per the information received from the concerned SHO, the applicant has 11 previous cases registered against him out of which 5 cases are of Excise Act and 6 cases are of under the provisions of I.P.C., therefore, it is prayed that the applicant may not be released on bail.

5.

In reply, it is submitted that only one case of Excise Act is pending, in which the applicant is on bail and rest of the cases against the applicant has been disposed off.

6.

Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 6.300 liters; offence is triable by the JMFC and the applicant is in jail since 27.08.2019, this Court is inclined to release the applicant on bail.

7.

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

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Certified as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram