Rohit Bandhe v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8411 of 2021 Rohit Bandhe S/o Shri Ghasiram Bandhe Aged About 29 Years Resident Of Labhandih, P.S. Telhibandha Raipur Tahsil And District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Excise Circle Pachpedinaka, District Raipur. Chhattisgarh.

---- Respondent For the Applicant :

Shri Ankur Agrawal, Advocate For the State :

Shri Sudhir 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.81/2021 registered in Police Station Excise Circle Pachpedinaka, District Raipur (CG) for offence punishable under Sections 34(2), 59(1)/2 of C.G. Excise Act.

3. Prosecution story in brief is that on 16/10/2021, 11.7 bulk liter of foreign 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, he is in jail since 16/10/2021, hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application. He further submits that as per case diary there is no previous criminal antecedent has been shown against the present applicant.

6. Considered the submissions made by both the counsel.

7. Looking to the quantity of the seized liquor from the possession of the applicant, the 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