Ganesh Ram Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2077 of 2022 Ganesh Ram Yadav S/o Lt. Digri Lal Yadav, Aged About 48 Years R/o Village Lakha, At Present Mitthumuda P.S. City Kotwali Tahsil And District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through Police Station City Kotwali District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent For Applicant :

Shri Vineet Kumar Pandey, Advocate For Respondent/State :

Shri Amit Singh Chouhan, Panel Lawyer.

_________________________________________________________ Hon'ble Shri Justice N.K. Chandravanshi Order On Board /03/2022

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.207/2022, registered at Police Station - City Kotwali, District - Raigarh (C.G.) for the offence punishable under Section 34(2) and 59(क) of the Chhattisgarh Excise Act.

3. Prosecution story in brief is that on 05-02-2022, 45 bulk liter of country made liquor and 20 k.g. Mahua lahan has been seized from the illegal possession of applicant.

4. Counsel for the applicant argued that the applicant is innocent, he has been falsely implicated in the present case, he is in jail since 05-02-2022. He further submits that this is the first crime registered against the applicant, hence, he may be released on bail.

5. Per contra, the State counsel oppose the bail application filed by the applicant. He further submits that as per case diary, there is no criminal antecedent has been reported against the applicant.

6. Considered the submission made by counsel for both the parties and perused the case diary.

7. Considering the facts and circumstances of the case, quantity of the liquor and mahua lahan seized from the possession of the applicant and the detention period of the applicant, I feel inclined to allow the bail application.

8. Accordingly, the present bail application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond in the like sum to the satisfaction of the trial Court concerned for his appearance before the concerned Court as and when directed by the said Court, he be released on bail. CC as per rules.

SD/- (N.K. Chandravanshi) JUDGE Amardeep