High Court Of ChhattisgarhMCRC/8355/2021allowed

Anand Ram Tandon v. State Of Chhattisgarh

2021-10-27Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 8355 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8355 of 2021 Anand Ram Tandon S/o Vedram Tandon, Aged About 52 Years R/o Katari, Ps Malkharouda, District Janjgir Champa Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through The Excise Circle Shakti, District Janjgir Champa Chhattisgarh.

---- Respondent _____________________________________________________ For Applicant - Shri Hariom Rai, Advocate.

For Respondent/State - Shri Ajay Kumarni, Panel Lawyer. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 27-10-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.96/2021, registered at Police Station - The Excise circle Shakti, District - JanjgirChampa (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 20-09-2021, the applicant has been found in illicit possession of 15 bulk liter of country made liquor (Mahua).

MCRC No. 8355 of 2021

4. Shri Harion Rai, learned counsel for the applicant would submit that the applicant is innocent, he has been falsely implicated in this case and he is in jail since 20-09-2021. Hence, he be released on bail.

5. On the other hand, Shri Ajay Kumrani, learned state counsel would oppose the bail application of the applicant. He further submits that, as per case diary, one more case under Excise Act is pending against the applicant which shows that he is habitual offender of committing the same crime, therefore, his bail application may be rejected.

6. Considering the facts and circumstances of the case and quantity of seized liquor from the possession of applicant and also for the fact that the applicant is in jail since 20-09-2021, I feel inclined to release the applicant on bail.

7. Accordingly, the present bail application is allowed. 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.

SD/- (N.K. Chandravanshi) Judge Amardeep