Vikram @ Konda vs State of C.G.

Dhirendra Mishra, J.—Heard.

The applicant has preferred this application u/s 439 of Code of Criminal Procedure for grant of regular bail as he has been arrested in connection with Crime No. 250/09 registered with Police Station Pulgaon, District Durg for the offence punishable u/s 34(2) of the C.G. Excise Act, 1915 for possessing 25.92 bulk liters of illicit country made liquor.

Learned Counsel for the applicant submits that there is no evidence of actual measurement of the contraband. The applicant does not have any criminal antecedents and he is in custody since 9-5-2009.

On the other hand, learned Counsel for the State has opposed the bail application. However, he does not dispute the fact that the applicant does not have any criminal record.

Having heard learned Counsel for the parties, having regard to the quantity of contraband and further considering that the applicant is in custody since 9-5-2009 and he does not have any criminal record, the application is allowed and it is directed that on applicant''s furnishing a personal bond of Rs. 25,000/- with two sureties of the like sum to the satisfaction of the trial Court concerned, he be released on bail. The applicant shall appear before the trial Court concerned on each and every date given by the said Court.

It is made clear that if the applicant involves himself in any other offence of similar nature in the future, this order granting bail to him shall automatically stand cancelled without reference to the Bench.

Certified copy as per rules.