High Court Of ChhattisgarhMCRC/8345/2021allowed

Ramesh Patel v. State Of Chhattisgarh

2021-10-27Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 8345 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8345 of 2021 Ramesh Patel S/o Karnal Patel Aged About 42 Years R/o Village Gorkha, P.S. Kotara Road, Raigarh Tahsil and District Raigarh Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through: Thana In - Charge, Excise Circle Raigarh North District Raigarh, Chhattisgarh. ---- Respondent _____________________________________________________ For Applicant - Shri Rajendra Tripathi, Advocate.

For Respondent/State - Shri Ajay Kumrani, Panel Lawyer.

Hon'ble Justice Shri N.K. Chandravanshi Order on Board 27-10-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.71/2021, registered at Police Station - Excise Circle Raigarh North, District - Raigarh (C.G.) for the offence punishable under Section 34 (1) (A), 34 (2) & 59 (A) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 01/10/2021 during search, 8 bulk liter of country made liquor (Mahua) has been seized from the illegal possession of applicant.

MCRC No. 8345 of 2021

4. Shri Rajendra Tripathi, learned counsel for the applicant would submit that the applicant is innocent, he has been falsely implicated in this case without any legal ground and he is in jail since 01/10/2021. He further submits that only 8 bulk liter of country made liquor has been seized from him. Hence, he may be enlarged on bail.

5. Per contra, Shri Ajay Kumrani, learned state counsel would oppose the prayer for grant of bail to the applicant. He further submits that such type of crime are growing these days, therefore, the bail application of the applicant may be rejected.

6. Considering the entire facts situation of the case and quantity of liquor seized from the possession of applicant and also for the fact that the applicant is in jail since 01-10-2021, I feel inclined to release the applicant on bail.

7. Accordingly, the present bail application 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 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. SD/- (N.K. Chandravanshi) JUDGE Amardeep