High Court Of ChhattisgarhMCRC/8219/2021allowed

Jasvant Sahu v. State Of Chhattisgarh

2021-10-22Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8219 of 2021 Jasvant Sahu S/o Dhansai Sahu Aged About 25 Years R/o Village Khopra, Police Station - Abhanpur, District - Raipur (Chhattisgarh). ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Excise Circle Abhanpur, District Raipur (Chhattisgarh). ---- Respondent For the Applicant :

Shri B.L. Sahu, Advocate For the State :

Shri Shrikant Kaushik, 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.76/2021 registered in Police Station Excise Circle Abhanpur, District Raipur (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 02/10/2021, 16.200 bulk liter of foreign liquor has been seized from the possession of applicant.

4. Counsel for the applicant argued that the applicant is innocent and he has been falsely implicated. Applicant has not committed alleged offence, he is in jail since 02/10/2021 and he is only bread earner of his family, more detention will adversely affect the livelihood of his family, therefore, he be released on bail.

5. Per contra, State counsel opposed the bail application. He further

submits that as per case diary two cases of IPC and one case of Excise Act has already pending against the applicant, therefore, bail application filed by the applicant is liable to be rejected.

6. Considering the detention period, quantity of seized liquor and also considering 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