High Court Of ChhattisgarhMCRC/7553/2018allowed

Laxmi Prasad Darve v. State Of Chhattisgarh

2018-10-11Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7553 of 2018 • Laxmi Prasad Darve S/o Dhajaram Aged About 48 Years R/o Village Khamtarai Police Station Sarkanda Tahsil And District Bilaspur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through it's Police Station Sarkanda District Bilaspur Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Ravi Maheshwari, Advocate.

For Respondent/State : Ms. Smita Ghai, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 11/10/2018

1. The applicant has preferred this second bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 456/2018, registered at Police Station Sarkanda, District Bilaspur (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

2. First bail was dismissed for want of prosecution vide order dated 25.09.2018 passed in M.Cr.C No. 6515/2018.

3. As per the prosecution story, on 24.06.2018, on the basis of information received from an informant, police personnels searched the house of the applicant and total 6.50 bulk litres of country-made liquor has been seized from his possession and he has been arrested on 24-06-2018.

4. 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, he is in custody since 24-06-2018 and trial will take some time. Therefore, he

may be released on bail.

5. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

6. I have heard learned Counsel for the parties.

7. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant has no criminal antecedent, he is in custody since 24-062018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

8. Accordingly, the bail application is allowed.

9. 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