Devkumar Chouhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8276 of 2021 • Devkumar Chouhan S/o Buddheshwar Chouhan Aged About 40 Years R/o Village Telikot Tahsil And Police Station Kharsia, District- Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, P.S. Kharsiya, District Raigarh, Chhattisgarh ---- Respondent ---------------------------------------------------------------------------------------------- For Applicant : Shri Wasim Miyan, Advocate For respondent/State : Shri BL Sahu, Panel Lawyer ---------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board 24.11.2021.

1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 05.10.2021 in connection with Crime No.609/2021 registered at Police Station Kharsia, Distt. Raigarh (C.G.), for the offence punishable under Section 34(2) & 59A of the Chhattisgarh Excise Act.

2.

Allegation against the applicant is that he was found in illegal possession of 40 bulk liters of country made liquor. 3.

Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 05.10.2021. He further submits that charge sheet has been filed, hence, he may be released on bail. 4.

On the other hand, learned counsel for the State would vehemently oppose the bail application and submits that there are four cases registered against the applicant and and one case is pending under the Excise Act, hence, he is not liable to be released on bail.

5.

I have heard learned counsel for the parties, perused the case diary and the material available on record. 6.

Considering the entire facts and circumstances of the case, quantity of liquor seized from the possession of the applicant and also for the fact that the applicant is in jail since 05.10.2021, charge sheet has been filed, I am inclined to release the applicant on bail. Therefore, the application under Section 439 of the CrPC is allowed. 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 he 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.

Certified copy as per rules.

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