GAURAV JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 169/2023 registered at Police Station Ramanujnagar, District Surajpur, for the offence punishable under Sec. 34(2), 49(a), 36 of the C.G. Excise Act.

(2.) Case of the prosecution, in brief, is that on 7/9/2023, the police of Police Station, Ramanujnagar, received an information that the main accused namely Vikas Jaiswal along with his other relatives has came from Madhya Pradesh in Pickup vehicle having illegal liquor and has kept all the liquor near the house of one Manohar Singh and today they are going to transfer it to other place. The police authority reached the spot and accused Vikash Jaiswal was seating inside the pickup. Thereafter search was conducted, it is alleged that from the said vehicle Goa whisky ' quantity 603 liters, Officer's Choice ' quantity 17.280 liters, MC Dowells No.1 ' 25.920 liters, Mount Strong Beer ' 60 liters total 706.20 liters were seized from the possession of Vikas Jaisawal and on the basis of statement that he came there along with other accused including Rajnarayan, his minor son Ganesh and present applicant, their names were added.

(3.) It has been argued by the learned counsel for the applicant that the present applicant is innocent and he has not committed any offence as alleged against him, he has been falsely implicated in the crime in question, the main accused is Vikas Jaiswal and because of the enmity between Vikas Jaisawal and family of the present applicant, the main accused took the name of the present applicant. He further submits that charge-sheet has not been filed in this case and the trial of the case would take quite long time and it would not be proper to keep the applicant detained for such period. The applicant is languishing in jail since 7/9/2023. Hence, he prays that the applicant may be enlarged on regular bail.