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High Court Of ChhattisgarhMCRC/8458/2021allowed

Maheshwar Sahu v. State Of Chhattisgarh

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

MCRC No. 8458 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8458 of 2021 Maheshwar Sahu S/o Gurudev Sahu Aged About 25 Years Resident of Village Amsena, Police Station Hirri, District -Bilaspur ---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Hirri, District -Bilaspur Chhattisgarh ---- Respondent _____________________________________________________ For Applicant - Shri Vipin Singh Thakur, Advocate.

For Respondent/State - Shri Sameer Oraon, Government Advocate. 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.169/2021, registered at Police Station - Hirri, District - Bilaspur (C.G.) for the offence punishable under Section 34(1), 34(2) and 59(A) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 15-10-2021, the applicant has been found in illicit possession of 20.16 bulk liters of country made liquor.

MCRC No. 8458 of 2021

4. Counsel for the applicant would submit that the applicant is innocent, he has been falsely implicated in the instant case and he is in jail since 16-10-2021. Hence, he be enlarged on bail.

5. On the other hand, learned counsel for the State would oppose the prayer for grant of bail to 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 liquor seized from the possession of applicant and for the fact that the applicant is in jail since 16-10-2021, 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