Gaurishankar Dansena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.2340 of 2020 • Gaurishankar Dansena S/o Keshav Prasad Dansena Aged About 39 Years R/o Village Gharghodi P.S. And Tahsil Gharghoda, District - Raigarh, Civil And Revenue District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Officer-In-Charge Police StationGharghoda, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ---- Respondent For Applicants :

Shri Anil Gulati, Advocate For Respondent/State :

Shri H. S. Ahluwaliya, Dy.AG Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/05/2020 Heard.

1.

The applicants have moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.64/2020 registered at Police Station Gharghoda, District Raigarh for the offence punishable under Section 34(2) & 59-A of the Chhattisgarh Excise Act for possessing country made liquor of 12 bulk liter without authority of law. The applicant was arrested on 21-04-2020.

2.

Learned counsel for the applicant submits that the applicant was arrested on 21-04-2020 and liquor has already been seized, further custodial interrogation may not be necessary and the applicant, at this stage, may be granted bail.

3.

On the other hand, learned counsel for the State/non-applicant opposes the bail application.

4.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the quantity of country made liquor

seized from the possession of the applicant, nature of offence and further that there does not appear any necessity for custodial interrogation, I am inclined to enlarge the applicant on bail.

5.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- along with one local surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted.

Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Tumane