Kaushal Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9847 of 2018 Kaushal Yadav S/o Shri Phirit Ram, aged about 22 years R/o Village Lamridabri, Thana & Tahsil- Kota, District Bilaspur (C.G.) --- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Chowki Belgahna, Police Station Kota, District Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. Sangeet Kushwaha, Advocate For Respondent :

Mr. U.K.S. Chandel, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 02/01/2019 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. 573/2018 registered at Police Station Belgahna, P.S. Kota, District Bilaspur (C.G.) for the offence punishable under Section 34 (2) of the Excise Act.

2.

As per prosecution story, on 18/11/2018 on the basis information received from the informant, the police party searched and seized 26.920 bulk liters of country made liquor from the illegal possession of the Applicant. He has been taken into custody on 18/11/2018. 3.

Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated. He further submits that the Applicant is in custody since 18/11/2018 and trial will take time, therefore, he may be released on bail. 4.

Counsel appearing on behalf of the State also 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 18/11/2018 and trial will likely to take some time, without further commenting on merit of the case, 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 his 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