Moharsay Chauhan v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6321 of 2018 Moharsay Chauhan S/o Narayan Chauhan, aged 30 years R/o Village Kanakbira, Police Station and Tahsil- Sarangarh, District- Raigarh (C.G.). --- Applicant
Versus
State of Chhattisgarh, Through- Police Station- Sarangarh, District- Raigarh (C.G.).
---- Respondent For Applicant :
Mr. Ashish Gupta, Advocate For Respondent :
Mr. S.R.J. Jaiswal, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 10/09/2018 1.
The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 381/2018 registered at Police StationSarangarh (C.G.) for the offence punishable under Section 34 (1) (A)
(2) and 59 (A) of the Chhattisgarh Excise Act. 2.
As per prosecution story, 23/07/2018 on the basis of information received from the informant, the police party searched and seized 10 bulk liters of country made liquor from illegal possession of the applicant. The applicant was arrested on 23/07/2018. 3.
Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated. He is in custody since 23/07/2018 and he has no criminal antecedent, therefore, he may be released on bail.
4.
Per contra, learned counsel appearing on behalf of the State opposes
the bail application.
5.
I have heard learned counsel for both the parties. 6.
Considering the entire facts and circumstances of the case, particularly considering that the applicant is in custody since 23/07/2018 and he has no criminal antecedent, I am inclined to release the applicant on bail.
7.
Accordingly, the bail application is allowed. 8.
It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.
Sd/- (Arvind Singh Chandel) Judge Rahul