High Court Of ChhattisgarhMCRC/8446/2021allowed

Ajay Rathore v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8446 of 2021 Ajay Rathore S/o Lala Ram Rathore Aged About 22 Years Resident Of Village Bandhamuda, Gourella, P.S Gourella, District Gourella PendraMarwahi Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through - Police Station Gourella District Gourella -Pendra- Marwahi. Chhattisgarh.

---- Respondent For the Applicant :

Shri Vijay Shankar Mishra, Advocate For the State :

Shri Samir Oraon, Govt. Advocate ----------------------------------------------------------------------------------------------- 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.366/2021 registered in Police Station Gourella, District GourellaPendra-Marwahi (CG) for offence punishable under Section 34(2), 59(A) of C.G. Excise Act.

3. Prosecution story in brief is that on 05/10/2021, 7 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, he is only bread earner of his family, he is in jail since 05/10/2021, therefore, applicant 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. Taking into consideration the quantity of the liquor seized and also having considering the facts and circumstances of the case, the detention period of the applicant, 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