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High Court Of ChhattisgarhMCRC/3071/2021allowed

Khileshwar Dahariya v. State Of Chhattisgarh

2021-05-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3071 of 2021 • Khileshwar Dahariya S/o Bharat Lal Dahariya Aged About 24 Years R/o Mana Basti Raipur District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Mandir Hasoud District Raipur Chhattisgarh ---- Respondent For Applicant - Mr. Kishore Narayan & Ms. Rajni Soren, Advocates For State - Mr. Siddharth Dubey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 17/05/2021 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 152/2021 registered in Police Station Mandir Hasoud, Distt. Raipur (C.G.) for offence punishable under Section 34(2) of Chhattisgarh Excise Act.

2.

The prosecution alleges that on a raid being conducted, 19.00 bulk liters of illicit liquor was seized from the possession of the applicant and he was arrested on 30.04.2021.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. He is in jail since 30.04.2021, seizure has been made, no further investigation is necessary therefore he may be enlarged on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Taking into consideration the nature of allegation and the quantity of liquor which has already been seized, offence is triable by Judicial Magistrate First Class and the applicant is in jail since 30.04.2021, no further evidence is necessary therefore this Court is inclined to release the applicant on bail. Accordingly, this application is allowed.

6.

It is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.15,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. 7.

Accordingly, I.A. No. 01 i.e. application for urgent hearing and I.A. No. 02 i.e. application for hearing the matter in summer vacation stands disposed off. Sd/- (Goutam Bhaduri) Vacation Judge Vishakha