High Court Of ChhattisgarhMCRC/8181/2021allowed

Motilal Harvansh v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8181 of 2021 Motilal Harvansh S/o Late Gulal Harvansh Aged About 51 Years R/o Village Patharchuwa, Police Station Suhela, District Baloda BazarBhatapara Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwa, District Raipur (C.G.) (in bail petition wrongly mentioned as District Baloda Bazar-Bhatapara).

---- 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. 544/2021 registered in Police Station Dharsiwa, District Raipur (C.G.) (in bail petition wrongly mentioned as District Baloda BazarBhatapara) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 01/10/2021, 6.300 bulk liter of country made liquor has been seized from the possession of applicant.

4. Counsel for the applicant argued that this is first crime registered against him, he is innocent and has been falsely implicated, he is in jail since 01/10/2021, hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application.

Illicit liquor has been seized from illegal possession of the applicant.

6. Looking to the quantity of the seized liquor, detention period 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.

CC as per rules.

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