MADAN DEWAGAON Vs. STATE OF CHHATISHGARH

JUDGEMENT

(1.) The applicant has filed this application under Section 439 of the CrPC for grant of regular bail, as he is in custody in connection with Crime No. 218/2012, registered at Police Station Kharora, Distt. Raipur, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act, 1915. I have heard learned counsel for the parties and perused the case diary.

(2.) Learned counsel for the applicant submits that this is the first bail application filed on behalf of the applicant for grant of regular bail. No other application of this nature is pending before this Court or before the Court below. The application is duly supported by the affidavit of Basant Dewangan, son of the applicant.

(3.) Learned counsel for the applicant further submits that the applicant has not committed any offence, he has been falsely implicated in the crime in question and he is in custody since 4-7-2012. Learned counsel also submits that though the applicant is having two previous criminal antecedents relating to commission of excise offence first of the year 1996 and second of the year 2008, in the case relating to the year 2008 i.e. Criminal Case No. 1023/2010, he has been released on bail by the trial Court on 21-7-2008. The applicant was in possession of 88 quarters of liquor.