SHIVANAND YADAV Vs. STATE OF C.G.

JUDGEMENT

(1.) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No. 152/2014 registered at Police Station Bodla, District Kabirdham, for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. Case of the prosecution, in brief, is that 149 bulk liters of illicit country made liquor was seized by the police from the house of Nikunj Chandravanshi i.e. owner of house which is said to be given on rent to the present applicant.

(2.) Learned counsel for the applicant submits that in statement made before the trial court on 11.11.2014, Nikunj Chandravanshi (as prosecution witness) has clearly stated that said house from where liquor was seized was given on rent to Ashok Singh i.e. liquor contractor, under whom the present applicant was earlier working, but presently dispensed with his services due to some dispute and as such he has been falsely implicated in the case, and therefore, the applicant may be released on bail.

(3.) On the other hand, learned counsel for the State opposes the bail application.