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Judgment
21 paragraphs · 335 wordsArvind Singh Chandel, J
The matter is heard through Video Conferencing.
Heard on admission.
Admit.
Since, instruction is already available with the learned State Counsel, and with the consent of both the parties, matter is heard finally.
The Applicants have preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as they are arrested in connection
with Crime No. 167/2021, registered at Police Station - Kharora, District Raipur (C.G.) for the offence punishable under Section 34 (2) of CG Excise
Act.
As per the prosecution story, on 22.4.2021, on the basis of information received from informant, police personnels searched and seized total 18 bulk
liter of foreign-made liquor from the possssion of present applicant. Thereafter, applicants were arrested on 28.04.2021.
Learned counsel appearing on behalf of the Applicants submits that the Applicants are innocent and have been falsely implicated in the case. He
further submits that the Applicants have no criminal antecedent, they are in custody since 28.04.2021, charge-sheet has not been filed and trial will
take some time. Therefore, it is prayed that they may be released on bail.
Per contra, learned counsel appearing on behalf of the State opposes the bail application.
I have heard learned Counsel for the parties.
Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the detention period of the
applicants and siezed quantity of liquour, and the facts that applicants are in custody since 28.04.2021 and trial is likely to take some time, without
further commenting on merits of the case, I am inclined to release them on bail.
Accordingly, the bail application is allowed.
12.It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- each with one solvent surety for
the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.