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High Court Of ChhattisgarhMCRC/8174/2021allowed

Gajendra Kumar Tarak v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8174 of 2021 Gajendra Kumar Tarak S/o Biselaal Tarak, Aged About 25 Years R/o Village Kurmigundra, Tehsil Patan, District Durg Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, District Durg Chhattisgarh.

---- Respondent For the Applicant :

Shri Anmol Sharma, 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. 239/2021 registered in Police Station Ranitarai, District Durg (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 02/10/2021, 6.840 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, he has been falsely implicated, quantity of seized liquor is not much and he is in jail since 02/10/2021, therefore he prays to enlarge the applicant on bail.

5. On the other hand, the State counsel opposed the bail application. He further submits that as per case diary and impugned order also one more case has been registered against the applicant, therefore,

his bail application is liable to be rejected.

6. Considering the quantity of the liquor seized from the illegal possession of the applicant, detention period of the applicant 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