JAIMAN MAURYA 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. 02/2024 registered at Police Station Bastar, Tahsil - Bastar, District - Bastar (C.G.), for the offence punishable under Ss. 34(2) of the C.G. Excise Act.

(2.) Case of the prosecution, in brief, is that on 13/1/2024, a secret information received by the informant that the present applicant is keeping illicit country made liquor for selling purpose and on the basis of said information the Police of Police Station Bastar, District Bastar (C.G.) has raided on the spot and seized 16.800 bulk liters of illicit liquor country made liquor from the possession of the present applicant. Thereafter, the alleged offence has been registered against the present applicant.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and 16.800 bulk liters of the country made liquor was not seized from the exclusive possession of the applicant. It is further argued by him that under Sec. 34(2) of the C.G. Excise Act, minimum punishment is one year and maximum punishment is three years. It is further submitted by the learned counsel for the applicant that the applicant has no criminal antecedents, the applicant is in jail since 13/1/2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.