MCRC/6379/2020 of VAKIL YADAV Vs STATE OF CHHATTISGARH on 23 December 2020

1. Heard on the application filed under Section 439 of the Cr.P.C.This isfirst bail application before this Court filed by the applicantfor grant of regularbail. The applicant has been arrested on13.08.2020 in connection with CrimeNo.462/2020 registered atP.S.- Ratanpur, District Bilaspur, Chhattisgarh for theoffenceunder Section 34(2), 59(A) of the CG. Excise Act.This isfirst bail application before this Court filed by the applicantfor grant of regularbail. The applicant has been arrested on13.08.2020 in connection with CrimeNo.462/2020 registered atP.S.- Ratanpur, District Bilaspur, Chhattisgarh for theoffenceunder Section 34(2), 59(A) of the CG. Excise Act.

2. It is submitted on behalf of the applicant that the applicant hasbeenfalsely implicated in this case. He is in custody since13.08.2020. Charge sheet has been filed after completion ofinvestigation. Hence, it isprayed that the applicant may bereleased on regular bail.beenfalsely implicated in this case. He is in custody since13.08.2020. Charge sheet has been filed after completion ofinvestigation. Hence, it isprayed that the applicant may bereleased on regular bail.

3. Learned counsel for the State/non-applicant opposes the application and submission. It is submitted that in total 261 bulkliter illicit foreign liquor hasbeen seized from the possession ofthe accused. He further submits that the applicant is a resident ofMadhya Pradesh and there is one another case registeredagainst him. Hence, he is not entitled for grant of bail.

4. Heard learned counsel for both the parties and perused the casediary.diary.

5. Prosecution case is that the seizure of 261 liter foreign liquorvalued of Rs. 1,74,000/- was seized from the possession of theapplicant and the said liquor was being transported by him in thiscase.valued of Rs. 1,74,000/- was seized from the possession of theapplicant and the said liquor was being transported by him in thiscase.

6. Considering on the submissions made and the contents of thecasediary, detention of the applicant till conclusion of the trialwould not serve any purpose. Hence, for these reasons, I am ofthe view that the applicationdeserves to be allowed.casediary, detention of the applicant till conclusion of the trialwould not serve any purpose. Hence, for these reasons, I am ofthe view that the applicationdeserves to be allowed.

7. Consequently, this application filed by the applicant underSection 439of the Cr.P.C. for grant of regular bail is herebyallowed. It is directed that theapplicant shall be released on bailon his furnishing a personal bond in the sumof Rs.25,000/- withone surety in the like sum to the satisfaction of theconcernedCourt, for his appearance as and when directed.Section 439of the Cr.P.C. for grant of regular bail is herebyallowed. It is directed that theapplicant shall be released on bailon his furnishing a personal bond in the sumof Rs.25,000/- withone surety in the like sum to the satisfaction of theconcernedCourt, for his appearance as and when directed.

8. Certified copy as per rules.

Sd/-

Nadim

(Rajendra Chandra Singh Samant)Judge