High Court Of ChhattisgarhMCRC/8208/2021allowed

Bisahu Ram Kamar, v. State Of Chhattisgarh

2021-10-22Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8208 of 2021 Bisahu Ram Kamar, S/o Kundan Kamar, Aged About 36 Years Caste - Kamar, R/o Village - Bangawan, Police Station - Fingeshwar, District - Gariyaband Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station - Excise Circle Rajim, District - Gariyaband Chhattisgarh. ---- Respondent For the Applicant :

Shri P.M. Shrivas, Advocate appears on behalf of Shri Shivendu Pandya, 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.40/2021 registered in Police Station Excise Circle Rajim, District Gariyaband (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 22/09/2021, 15 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 22/09/2021, hence he be released on bail.

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

He further submits that as per case diary there is no previous criminal antecedent is registered against the applicant.

6. Considering the facts and circumstances of the case, the fact that applicant is in jail since 22/09/2021, 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