High Court Of ChhattisgarhMCRC/8065/2021allowed

Kishan Netam v. State Of Chhattisgarh

2021-10-20Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8065 of 2021 Kishan Netam S/o Ramji Netam Aged About 35 Years R/o Village Mundatola, Police Station Gandai, Tahsil Chuikhadan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh . ---- Applicant

Versus

State Of Chhattisgarh Through Excise Circle Gandai, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh . ---- Respondent For the Applicant :

Shri Abhishek Sharma, Advocate For the State :

Ms. Anjali Singh Chouhan, P.L.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /10/2021

1. Heard.

2. 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.

3. The applicant has been arrested in connection with Crime No.26/2021 registered in Police Station Excise Circle Gandai, District Rajnandgaon (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

4. Prosecution story in brief is that on 25/09/2021, 20 bulk liter of country made liquor has been seized from the illegal possession of applicant.

5. Counsel for the applicant argued that the applicant is innocent, he has been falsely implicated, he is in jail since 25/09/2021, he has no previous criminal antecedent, hence he be released on bail.

6. On the other hand, the State counsel opposed the bail application. She further submitted that no criminal antecedent has been reported

against applicant in the case diary.

7. Looking to the quantity of the seized liquor and also no previous criminal antecedent of the applicant and further looking to the totality of the facts, 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.

8. CC as per rules.

Sd/- (N.K. Chandravanshi) JUDGE Kamde