Golu @ Mithlesh Kashyap v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8245 of 2018 • Golu @ Mithlesh Kashyap S/o Shri Radheshyam Kashyap, aged about 26 Years R/o Near Ram Mandir,Tifra, Thana Sirgitti, Civil and Revenue DistrictBilaspur, Chhattisgarh. ---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer, Police Station Sirgitti, Civil and Revenue District- Bilaspur, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Sunil Sahu, Advocate.

For Respondent/State : Shri Bhaskar Payashi, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 01/11/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 425/2018, registered at Police Station - Sirgitti, Civil and Revenue District- Bilaspur, Chhattisgarh, for the offence punishable under Section 34 (2) (A) of the Chhattisgarh Excise Act.

2. As per the prosecution story, on 09.10.2018, on the basis of information received from an informant, police personnels searched Applicant and total 5.220 bulk litres of country-made liquor has been seized from his possession and he has been arrested on 09.10.2018.

3. 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 one previous criminal antecedent, he is in custody since 09.10.2018 and trial will take some time. 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 the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant has one previous criminal antecedent, he is in custody since 09.10.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him 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 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 Prakash