High Court Of ChhattisgarhMCRC/8161/2021allowed

Yogi Tiwari v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8161 of 2021 Yogi Tiwari S/o Late Komal Prasad Tiwari Aged About 24 Years R/o Swami Vivekanand Ward No. 37, Police Station City Kotwali, Tahsil And District Dhamtari Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Arjuni District Dhamtari Chhattisgarh.

---- Respondent For the Applicant :

Shri Anil Gulati, Advocate For the State :

Shri B.L. 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. 266/2021 registered in Police Station Arjuni, District Dhamtari (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 02/10/2021, 19.80 bulk liter of country made liquor has been seized from the possession of applicant.

4. Counsel for the applicant argued that this is first crime of the applicant, he is innocent and has been falsely implicated. Applicant is in jail since 02/10/2021, hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application mentioning that illicit liquor has been seized from illegal possession of the applicant.

6. Taking into consideration the quantity of the liquor seized and also having considering the facts and circumstances of the case, the 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