Khoobchand Ghritlahre, v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8369 of 2021 Khoobchand Ghritlahre, S/o Shri Ramprasad Ghritlahre, Aged About 30 Years Caste Satnami, R/o Village Manjanimati, Tahsil Basna, Police Station Basna, District Mahasamund Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through - Station House Officer, Basna, Police Station Basna, District - Mahasamund Chhattisgarh. ---- Respondent For the Applicant :

Shri Sunil Verma, Advocate For the State :

Shri Ankur Kashyap, 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. 421/2021 registered in Police Station Basna, District - Mahasamund (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 12/08/2021, 8 bulk liter of country made liquor has been seized from the possession of applicant.

4. Counsel for the applicant submits that applicant has been falsely implicated in the present case, alleged liquor which is said to be seized from the applicant is only 8 bulk liter, he is in jail since 12/08/2021, hence he may be enlarged on bail.

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

further submits that applicant is habitual offender, one case under Excise Act and another case under IPC has been registered against the present applicant, 8 bulk liter country made liquor has been seized from his possession, therefore, he is not entitled to get bail.

6. Considered the submissions made by counsel for both the parties.

7. Considering the facts and circumstances of the case, quantity of liquor seized from the applicant, 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