MCRC/11195/2022 of SANJAY KUMAR JAISWAL Vs STATE OF CHHATTISGARH on 31 December 2022

1. Heard.

2. This is an application filed under Section 439 of the Code ofCriminal Procedure for grant of regular bail to the applicant,who has been arrested in connection with Crime No.174/2022registered at Police Station Chandrapur, District Sakti (CG) forthe offence punishable under Section 34(2) of the CG Excise Act.Criminal Procedure for grant of regular bail to the applicant,who has been arrested in connection with Crime No.174/2022registered at Police Station Chandrapur, District Sakti (CG) forthe offence punishable under Section 34(2) of the CG Excise Act.

3. The case of the prosecution is that 40 litres of country mademahua liquor has been seized from the possession of theapplicant.mahua liquor has been seized from the possession of theapplicant.

4. Learned counsel for the applicant submits that the applicant isinnocent and has been falsely implicated in this case. Theinnocent and has been falsely implicated in this case. The Shyna applicant is in jail since 17.11.2022, therefore, learned counselprays for releasing the applicant on regular bail.

5. On the other hand, learned counsel for the State opposes thebail application. He submits that there is one criminalantecedent of the applicant.bail application. He submits that there is one criminalantecedent of the applicant.

6. Having heard learned counsel for the parties, having regard tothe facts and circumstances of the case and the pre-trialdetention of the applicant, this Court is inclined to release himon bail. the facts and circumstances of the case and the pre-trialdetention of the applicant, this Court is inclined to release himon bail.

7. Accordingly, the application is allowed and the applicant isdirected to be released on bail on his furnishing a personal bondfor a sum of Rs.50,000/- with one surety in the like amount tothe satisfaction of the trial Court. Along with the bail bonds,copies of the Aadhar Card and coloured Post Card full size photoshall also be submitted by the applicant as well as by thesureties, which shall be duly verified by the trial Court. He isdirected to appear before the trial Court on each and every dategiven by the said Court. directed to be released on bail on his furnishing a personal bondfor a sum of Rs.50,000/- with one surety in the like amount tothe satisfaction of the trial Court. Along with the bail bonds,copies of the Aadhar Card and coloured Post Card full size photoshall also be submitted by the applicant as well as by thesureties, which shall be duly verified by the trial Court. He isdirected to appear before the trial Court on each and every dategiven by the said Court.

8. In view of the above, IA No.1/2022, an application for grant ofad-interim bail, IA No.2/2022, an application for urgent hearingand IA No.3/2022, an application for hearing the case duringwinter vacation stand disposed of.ad-interim bail, IA No.2/2022, an application for urgent hearingand IA No.3/2022, an application for hearing the case duringwinter vacation stand disposed of.

9. Certified copy as per rules.

Sd/-

( Deepak Kumar Tiwari)

Vacation Judge