MCRC/7737/2023 of VISHAL VERMA Vs THE STATE OF CHHATTISGARH on 21 December 2023

1. Applicant has filed this bail application under Section 439 of theCode of Criminal Procedure, 1973 for grant of regular bail as hehas been arrested in connection with Crime No. 509/2023,registered at Police Station – Koni, District – Bilaspur (C.G.) foroffence punishable under Section 34 (2), 59 (A) of theChhattisgarh Excise Act.Code of Criminal Procedure, 1973 for grant of regular bail as hehas been arrested in connection with Crime No. 509/2023,registered at Police Station – Koni, District – Bilaspur (C.G.) foroffence punishable under Section 34 (2), 59 (A) of theChhattisgarh Excise Act.

2. Case of prosecution, in brief, is that police personnel of policestation Koni seized 54 bulk liters of Mahuwa liquor from thepossession of applicant, based upon seizure of illicit liquor,aforementioned crime was registered against applicant.station Koni seized 54 bulk liters of Mahuwa liquor from thepossession of applicant, based upon seizure of illicit liquor,aforementioned crime was registered against applicant.

3. Learned counsel for applicant submits that applicant has been falsely implicated in this case. Applicant is in jail since15.10.2023. Charge-sheet in this case has been filed and there isno criminal antecedents against applicant. Hence, prayed thatapplicant may be enlarged on regular bail.

4. Learned State counsel opposes the submission of learnedcounsel for applicant and would submit that police seized 54 bulkliter illicit liquor from conscious possession of accused. However,upon putting a query with regard to criminal antecedents againstapplicant, he after going through the case diary submits that asper report, there is no criminal antecedent against applicant.

5. I have heard learned counsel for the parties.

6. Taking into consideration the nature of allegation, period ofdetention and the offence to be tribal by Judicial Magistrate FirstClass and further submission of learned State counsel that as perreport, there are no criminal antecedents against applicant,without commenting anything on the merits of the case, I aminclined to allow this bail application.

7. Accordingly, the bail application filed under Section 439 of theCr.P.C. is allowed. It is directed that applicant shall be releasedon regular bail upon his furnishing a bail bond in the sum ofRs.25,000/- with one surety in the like sum to the satisfaction ofthe Court below on the conditions that:- a).Applicant shall appear before the trial Courtregularly on each and every date, unless exemptedregularly on each and every date, unless exempted from appearance.

(b) .Applicant shall not, in any manner, tamper withthe prosecution witnesses.

c).If the applicant is found involved in similar offencein the future, it will be open for the State to apply forcancellation of Bail.

Certified copy as per rules.

Sd/- (Parth Prateem Sahu) Judge