Abhishek Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3220 of 2021

1. Abhishek Verma, S/o. Nandkumar Verma, Aged About 28 Years.

2. Chandrakant Verma, S/o. Ramkhilawan Verma, Aged About 38 Years.

Both are R/o. Village - Giraud, P.S. And Tahsil - Dharsiwa, District - Raipur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through The Station House Officer, Police Station - Tumgaon, District - Mahasamund, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Sachin Nidhi, Advocate For Respondent :

Mr. Sudeep Verma, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

ORDER

21.05.2021 1.

Considering the nature of default, the same is ignored. The date of arrest of the applicants be read as 04.05.2021 instead of 05.05.2021.

2.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.98/2021 registered at Police Station- Tumgaon, District Mahasamund (C.G.) for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act.

3.

As per the prosecution case, on a raid being conducted on 04.05.2021, from the possession of the applicants, total 15 bulk liters of illicit liquor was seized.

4.

Learned counsel for the applicants submits that the applicants have falsely been implicated in this case and they are in jail since

04.05.2021 and seizure has already been made, therefore, the applicants may be released on bail.

5.

Per contra, learned State counsel opposes the prayer for grant of bail.

6.

Considering the facts & circumstances of the case, taking into the quantity of seized liquor and the fact that applicants are in jail since 04.05.2021, I am inclined to release the applicants on bail. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicants shall be released on bail on furnishing a personal bond for a sum of Rs.15,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed. Sd/- (Goutam Bhaduri) Vacation Judge Ashok