High Court Of ChhattisgarhMCRC/8415/2021allowed

Mukesh Deshmukh v. State Of Chhattisgarh

2021-10-28Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 8415 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8415 of 2021 Mukesh Deshmukh S/o Birendra Deshmukh Aged About 33 Years R/o B.R.P. Colony, Station Maroda, Bhilai, District- Durg Pin- 491107, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through- The District Magistrate, District- Durg, Chhattisgarh.

---- Respondent _____________________________________________________ For Applicant - Shri Anmol Sharma, Advocate.

For Respondent/State - Ms. Hamida Siddiqui, Dy. Advocate General. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 28-10-2021

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.362/2021, registered at Police Station - Newai, District - Durg (C.G.) for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3. Case of the prosecution, in brief, is that on 08-10-2021, the applicant was found in illicit possession of 5.762 bulk liters of country made liquor.

MCRC No. 8415 of 2021

4. Counsel for the applicant would submit that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 08-10-2021. He further submits that this is the first crime against him. Hence, he be enlarged on bail.

5. Learned counsel for the State would oppose the prayer for grant of bail.

6. Considering the facts and circumstances of the case and quantity of liquor seized from the possession of applicant and for the fact that the applicant is in jail since 08-10-2021, 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