High Court Of ChhattisgarhMCRC/8477/2021allowed

Mansingh Sarthi v. State Of Chhattisgarh

2021-11-08Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8477 of 2021 Mansingh Sarthi S/o Lt. Bhagbali Sarthi Aged About 50 Years R/o Budhwari Bajar Chouki Cseb Korba, Tahsil And District - Korba(C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Excise Circle Korba, Korba ( C.G.) .

---- Respondent For the Applicant :

Shri Vikas Kumar Pandey, Advocate For the State :

Ms. Anjali Chouhan, P.L.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /11/2021

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. 105/2021 registered in Excise Circle Korba City, District Korba (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 06/10/2021, 35 bulk liter of handmade 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, this is first crime of this nature has been registered against him, he is in jail since 06/10/2021, hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application. She further submits that as per case diary there is no crime of this

nature has been registered against him. One preventive case was registered against him in the year 2018, quantity of seized liquor is 35 bulk liter, therefore he may not be granted bail.

6. I have heard learned counsel for the parties, perused the case diary and material available on record.

7. Considering the fact and circumstances of the case, quantity of seized liquor, detention period of applicant and also taking into consideration that no case of this nature has been registered against 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