Suresh Masih v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8317 of 2021 Suresh Masih S/o Shri Jems Masih Aged About 35 Years R/o Ganeshpur, P. S. Simga, District Baloda Bazar-Bhatapara Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P. S. Simga, District Baloda Bazar-Bhatapara Chhattisgarh. ---- Respondent For the Applicant :

Shri Ravindra Sharma, Advocate For the State :

Ms. Akshara Amit, 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. 455/2021 registered in Police Station Simga (as per challan mention by P.S. Simga), District Balodabazar-Bhatapara (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 01/10/2021, 30 bulk liter of handmade country 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, liquor has not been seized from the conscious and exclusive possession of the applicant and he is in jail since 01/10/2021, therefore, applicant be released on bail.

5. Per contra, learned State counsel opposed the bail application. She

submits that as per case diary there is no previous criminal antecedent has been shown against the present applicant.

6. Looking to the facts and circumstances of the case and quantity of the liquor seized from the illegal possession 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