High Court Of ChhattisgarhMCRC/8230/2021allowed

Ahlaat Chouhan v. State Of Chhattisgarh

2021-10-25Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8230 of 2021 Ahlaat Chouhan S/o Asadhu Ram Chouhan Aged About 40 Years R/o Prachi Bihar, Raigarh, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Station House Officer, Police Station Chakradhar Nagar, Raigarh, District Raigarh, chhattisgarh. ---- Respondent For the Applicant :

Shri Ashish Gupta, Advocate For the State :

Shri Dinesh Tiwari, Dy. G.A.

----------------------------------------------------------------------------------------------- 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. 523/2021 registered in Police Station Chakradhar Nagar, Raigarh, District Raigarh (CG) for offence punishable under Section 34(2) & 59(A) of C.G. Excise Act.

3. Prosecution story in brief is that on 02/10/2021, 6 bulk liter of country made liquor has been seized from the possession of applicant.

4. Counsel for the applicant argued that this is first time crime registered against the applicant, he is innocent and falsely implicated in this case, quantity of seized liquor is not too much, he is in jail since 02/10/2021, therefore, he be released on bail.

5. Per contra, learned State counsel opposed the bail application and 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, applicant is in jail since 02/10/2021, 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