High Court Of ChhattisgarhMCRC/6184/2019allowed

Dudeshwar Yadav v. State Of Chhattisgarh

2019-09-23Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6184 of 2019 • Dudeshwar Yadav S/o Kishun Yadav Aged About 32 Years R/o Village - Jidar, Post Office And Police Station - Piperchhedi, District - Gariyaband Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Excise Circle, Gariyaband - District - Gariyaband Chhattisgarh ---- Respondent ____________________________________________________________________ For Applicant :

Ms. Madavi Bhardwaj, Advocate.

For Non-applicant/State :

Mr. Neeraj Kumar Mehta, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 23-09-2019

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. 105/2019, registered at Police Station- Excise Circle, Gariyaband, District- Gariyaband (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915.

2. The prosecution alleges that the applicant was found to be in possession of illicit liquor measuring about 05 liters and he was arrested on 05.09.2019.

3. Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and he is in jail since 05.09.2019; 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

-2SHO, the applicant has no previous antecedents of similar offence.

5. Taking into consideration the totality of the circumstances and the fact that the quantity of seized liquor is 05 liters; offence is triable by the JMFC and the applicant is in jail since 05.09.2019, this Court is inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his 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.

7. Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Monika