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Judgment
Parth Prateem Sahu, J
The applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 (in short 'the Code') for grant of bail as he is
in custody in connection with Crime No. 576 of 2018, registered at Police Station Kasdol, Police Outpost- Sonakhan, district Baloda Bazar, Bhatapara
for the offence punishable under Section 34 (2) of Chhattisgarh Excise Act, 1915.
As per case of the prosecution, on the basis of secret information received, Police made search and seized 10 bulk litres of hand made Mahua
liquor from the agricultural field of the present applicant.
Heard learned counsel for the parties.
Learned counsel for the applicant submits that the alleged seizure of liquor has been made from open place, not from the exclusive possession of
the present applicant. He has been falsely implicated in the case and he has not been involved in any manner in the aforementioned crime. He further
submits that investigation is complete in this case and there is no criminal antecedents against the present applicant. Applicant is in jail since
16.10.2018.
On the other hand, learned counsel for the State opposes the prayer for grant of bail.
Considered the submissions made by learned counsel for the parties and perused the records. Considering the place of seizure which is an open
place and also looking to the period of detention and also looking to the fact that there is no previous criminal track record against the applicant, I am
of the view that it is a fit case to enlarge the accused/applicant on bail. Accordingly, the bail application is allowed and it is directed that the applicant
shall be released on bail on his furnishing a personal bond in the sum of Rs. 10,000/- (Rupees ten thousand only) with one surety in the like sum to the
satisfaction of the trial Court concerned for his regular appearance before the said Court on each and every date given by the Court.
Certified copy as per rules.