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High Court Of ChhattisgarhMCRC/8156/2021allowed

Kaju Giri v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8156 of 2021 Kaju Giri S/o Lavkush Giri, Aged About 42 Years R/o Village Amakoni, Police Station Khallari, Tehsil Bagbahra, District Mahasamund Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Khallari, District Mahasamund Chhattisgarh.

---- Respondent For the Applicant :

Shri Shubhank Tiwari, Advocate For the State :

Shri Sudhir Sahu, 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. 194/2021 registered in Police Station Khallari, District Mahasamund (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 27/09/2021, 15 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 27/09/2021, hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application. He further submitted that there is no criminal antecedent has been shown in case diary against the applicant.

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