High Court Of ChhattisgarhMCRC/8175/2021allowed

Ajay Yadav v. State Of Chhattisgarh,

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8175 of 2021 Ajay Yadav S/o Chhotelal Yadav, Aged About 45 Years R/o Telikot, Kharsia, Police Station - Kharsia, District Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through, Station House Officer - Police Station - Kharsia, District Raigarh Chhattisgarh (Wrongly Mentioned As Chowki Kharsia In Cause Title).

---- Respondent For the Applicant :

Shri Wasim Miyan, 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. 610/2021 registered in Police Station Kharsia, District Raigarh (CG) for offence punishable under Section 34(2), 59A of C.G. Excise Act.

3. Prosecution story in brief is that on 05/10/2021, 30 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 05/10/2021, 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