High Court Of ChhattisgarhMCRC/8093/2021allowed

Hira Koshle v. State Of Chhattisgarh

2021-10-21Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8093 of 2021 Hira Koshle S/o Dharampal Aged About 30 Years Umariya, Outpost Saket, P.S, Pathariya, Dist. Mungeli, District : Mungeli, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Of Excise Circle Pathariya, District Mungeli (C.G.) (Wrongly Written As Police Station Pathariya In Order Sheet).

---- Respondent For the Applicant :

Shri Pallav Mishra, Advocate For the State :

Ms. Anjali Singh Chouhan, P.L.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /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. 17/2021 registered in Police Station Excise Circle-Pathariya, Mungeli, District Mungeli (CG) for offence punishable under Section 34(1)(A)(F), 34(2) and 59(A) of C.G. Excise Act.

3. Prosecution story in brief is that on 29/09/2021, 9 bulk liter of country made liquor has been seized from the possession of applicant.

4. Counsel for the applicant argued that the applicant is innocent, he has been falsely implicated, he is in jail since 29/09/2021, hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application. She further submitted that no criminal antecedent has been reported against the applicant in the police case diary.

6. Looking to the quantity of the seized liquor 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.

CC as per rules.

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