Rajesh Motwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8004 of 2018 Rajesh Motwani S/o Shri Kanhaiya Lal Motwani, aged about 30 years R/o Gurunanak Hall, Shyam Nagar, Telibandha, Raipur, Tahsil and District Raipur (C.G.).

--- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, P.S. Telibandha, Raipur, Civil and Revenue District Raipur (C.G.).

---- Respondent For Applicant :

Mr. D. Kushwaha, Advocate For Respondent :

Ms. Smita Ghai, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 19/11/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 475/2018 registered at Police StationTelibandha, Raipur (C.G.) for the offence punishable under Section 34

(2) of the C.G. Excise Act.

2.

As per prosecution story, on 25/09/2018 on the basis of information received from the informant, the police party searched and seized 48 bulk liters of foreign made liquor from illegal possession of the applicant. The applicant was arrested on 25/09/2018. 3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated. He is in custody since 25/09/2018 and he has no criminal antecedent of the similar nature, 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 both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the applicant is in custody since 25/09/2018 and he has no criminal antecedent of the similar nature, I am inclined to release the applicant 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 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 Rahul