High Court Of ChhattisgarhMCRC/8141/2021allowed

Shivam Yadav v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8141 of 2021 Shivam Yadav S/o Vijay Yadav, Aged About 21 Years R/o Dau Choura, Ward No. 17, Khairagarh, P.S. And Tahsil Khairagarh, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Excise Circle Rajnandgaon, District Rajnandgaon Chhattisgarh.

---- Respondent For the Applicant :

Shri Rakesh Kumar Thakur, Advocate For the State :

Shri B.L. 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. 38/2021 registered in Police Station Excise Circle- Rajnandgaon, District Rajnandgaon (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 28/09/2021, 27 bulk liter of foreign liquor has been seized from the joint possession of applicant with coaccused Dhaneshwar Das Manikpuri.

4. Counsel for the applicant argued that the applicant is innocent, he has been falsely implicated, he is in jail since 28/09/2021, 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