High Court Of ChhattisgarhMCRC/8223/2021allowed

Prakash Mahilane v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8223 of 2021 Prakash Mahilane S/o Late Gopi Mahilane Aged About 24 Years R/o Village Kunkuni, Police Station And Tahsil Kharsia, District Raigarh (C.G), ---- Applicant

Versus

State Of Chhattisgarh Through- Police Station Chakradhar Nagar Raigarh, District Raigarh (C.G.).

---- Respondent For the Applicant :

Shri Deepak Kumar Singh, Advocate For the State :

Shri Sudhir Sahu, 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. 505/2021 registered in Police Station Chakradhar Nagar, Raigarh, District Raigarh (CG) for offence punishable under Section 34(1)(A), 34(2), 59(A) of C.G. Excise Act.

3. Prosecution story in brief is that on 29/09/2021, 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, there is no previous criminal record, he has been falsely implicated, he is in jail since 29/09/2021, therefore, 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 against the applicant.

6. Looking to the quantity of the seized liquor 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