Rajesh Bhardwaj vs State Of Chhattisgarh

Sanjay S. Agrawal, J

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the

Cr.P.C.), seeking grant of regular bail to him, as he has been arrested on 23.03.2021 in connection with Crime No.259 of 2021, registered in Police

Station Excise Circle Sakti, District Janjgir-Champa C.G. for the offence punishable under Sections 34 (1) (a), 34 (2) and 59-A of the Chhattisgarh

Excise Act.

According to the prosecution story, 12 bulk liters of hand made Mahua liquor and 100 kg. of Mahua liquor have been seized from the possession of

the applicant, and therefore, the alleged offence has been registered against him.

Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in connection with the said crime

and further submits that the offence is triable by the Judicial Magistrate First Class, and therefore, looking to his detention period, he may be enlarged

on bail.

On the other hand, learned counsel appearing for the State/Non- applicant has opposed the bail application.

I have heard learned counsel appearing for the parties and perused the record carefully.

Having considered the facts and circumstances of the case and considering further the length of pre-trial detention of the applicant with regard to

the offence triable by the Judicial Magistrate First Class, I am inclined to enlarge the applicant on bail.

Accordingly, the application filed under Section 439 of the Cr.P.C. is hereby allowed and it is directed that the applicant shall be released on bail on

his furnishing a personal bond in sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear

before the trial Court on each and every date given to him by the said Court.