High Court Of ChhattisgarhMCRC/8414/2021allowed

Aman Ekka v. The State Of Chhattisgarh

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

MCRC No. 8414 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8414 of 2021 Aman Ekka S/o Shri Muneshwar Ekka Aged About 20 Years CasteUraon, R/o Near Gahiraguru, Ashram, Mathpara Nagar Ambikapur, Thana- Manipur, District-Surguja, Chhattisgarh. ---- Applicant

Versus

The State of Chhattisgarh Through: The Divisional Flying Squad Excise Ambikapur, District- Surguja, Chhattisgarh.

---- Respondent _____________________________________________________ For Applicant - Shri Sunil Sahu, 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.24/2021, registered at Police Station - Divisional Flying Squad Excise Ambikapur, District - Surguja (C.G.) for the offence punishable under Section 34 (1) (A) (B), 34 (2), 59 (A) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 12-10-2021, the applicant has been found in illicit possession of 21 (including 1 liter sold) bulk liter of country made liquor (Mahua).

MCRC No. 8414 of 2021

4. 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 12-10-2021. Hence, he be released on bail.

5. On the other hand, learned state counsel would oppose the bail application of the applicant. He further submits that, as per case diary, no criminal antecedent has been recorded against the applicant.

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 12-10-2021, 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