High Court Of ChhattisgarhMCRC/8290/2021allowed

Saroj Chouhan v. State Of Chhattisgarh

2021-10-26Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8290 of 2021 Saroj Chouhan S/o Shri Rohit Chouhan Aged About 20 Years Caste Ganda, R/o Village Sarkanda, Post Limdaraha, Chowki Bhanwarpur, Police Station / Tahsil 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 :

Ms. Akshara Amit, 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. 474/2021 registered in Police Station Chowki Bhanwarpur, Basna, District Mahasamund (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 12/09/2021, 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 and he has been falsely implicated in this case. This is first offence registered against the applicant, he is in jail since 12/09/2021, hence he prayed to allow bail application of the applicant.

5. Per contra, learned State counsel submits that 30 bulk liter of

country made liquor has been seized form the illegal possession of the applicant, therefore, bail application is liable to be rejected.

6. Considered the submissions made by both the parties.

7. Taking into consideration the quantity of the liquor seized and detention period of the applicant, 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