High Court Of ChhattisgarhMCRC/8363/2021allowed

Manish Soni v. State Of Chhattisgarh

2021-10-26Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8363 of 2021 Manish Soni S/o Parmanand Soni, Aged About 33 Years R/o House No. 04, Ward No. 1, Chowki- Mohara, P.S. Dongargarh, District Rajnandgaon Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Chowki- Chikli Police Station Kotwali, Rajnandgaon, District Rajnandgaon Chhattisgarh.

---- Respondent For the Applicant :

Shri Ishan Verma, Advocate For the State :

Ms. Shivali Dubey, 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.532/2021 registered in Police Station Kotwali, District Rajnandgaon (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 15/09/2021, 8.640 bulk liter of Goa Special Whiskey made by M.P. has been seized from the possession of applicant.

4. Counsel for the applicant submits that no case is made out against the applicant, he has been falsely implicated, he is in jail since 15/09/2021, quantity of seized liquor is not much high, charge-sheet has been filed, therefore, applicant may be granted bail.

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

submits that as per case diary two offence has been registered against the present applicant, but does not shown in the case diary that under what offence those two cases have been registered.

6. Considered the submissions made by counsel for both the parties.

7. Considering the quantity of seized liquor, detention period of the applicant, as per counsel for the applicant charge-sheet has been filed, 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