Udal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9840 of 2018 Udal Singh S/o Ramji Verma, aged about 38 years R/o Seepat, Police Station Seepat (wrongly mentioned as Seeptar in the order sheet), District Bilaspur (C.G.) --- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Seepat, District Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. A.D. Kuldeep, Advocate For Respondent :

Mr. S.R.J. Jaiswal, 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. 50/2018 registered at Police Station Seepat, District Bilaspur (C.G.) for the offence punishable under Sections 34 (1) (a), 34 (2) and 59 (a) of the Excise Act. 2.

As per prosecution story, on 29/11/2018 on the basis information received from the informant, the police party searched and seized 10 bulk liters of country made liquor and 150 Kg of Mahua Lahun from the illegal possession of the Applicant. He has been taken into custody on 29/11/2018.

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 29/11/2018 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 29/11/2018 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