High Court Of ChhattisgarhMCRC/8051/2021allowed

Abdul Seth v. State Of Chhattisgarh

2021-10-25Hon'Ble Shri Justice Naresh Kumar Chandravanshi3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8051 of 2021 Abdul Seth, S/o Pratibodh Seth, aged about 46 years, R/o Village Shankerpur, Police Station: Sankra, District Mahasamund (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station: Sankra, District : Mahasamund (C.G.) ----Non-applicant For Applicant : Mr. Sudhir Kumar Sahu, Advocate. For Non-applicant : Mr. Anil Tripathi, Panel Lawyer. Hon'ble Mr. Justice N.K. Chandravanshi Order On Board 25-10-2021 (1) As per applicant, this is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

(2) The applicant has been arrested in connection with Crime No. 182/2021 registered in Police Station Sankra, District Mahasamund for offence punishable under Section 34(2) of C.G. Excise Act.

(3) Case of the prosecution is that on 27/09/2021, 20 bulk liter of country made liquor has been seized from the possession of applicant, which he was carrying unauthorizedly for sell.

(4) Counsel for the applicant submits that applicant has been falsely implicated in the crime in question as he has not committed any offence. He further submits that applicant

has been arrested on 27.09.2021 and conclusion of trial is likely to take some time. He also submits that the applicant has no criminal antecedent. (5) On the other hand, the State counsel opposed the bail application on the ground that Illicit liquor has been seized from illegal possession of the applicant. He further submits that as per case diary, there is no criminal antecedent has been reported against the applicant. (6) Looking to the facts and circumstances of the case, quantity of the liquor seized from the possession of the applicant and the detention period of the applicant and the fact trial is likely to take some time for its disposal, I feel inclined to allow the bail application. 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.

Sd/- (N.K.Chandravanshi) Judge D/-