High Court Of ChhattisgarhMCRC/8597/2021allowed

Uttara Bariha v. The State Of Chhattisgarh

2021-11-08Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8597 of 2021 Uttara Bariha S/o Shri Gopal Bariha Aged About 50 Years R/o Village - Korrapani Chowki-Kanakbira, Tahsil-Sarangarh, District - Raigarh Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through - The Officer In Charge Of Police Station - Sarangarh, Related Police Chowki-Kanakbira, District - Raigarh Chhattisgarh.

---- Respondent For the Applicant :

Shri Roop Naik, Advocate For the State :

Shri Alok Nigam, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /11/2021

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. 554/2021 registered in Police Station Sarangarh, related Police Chowki Kanakbira, District - Raigarh (CG) for offence punishable under Section 34(2), 59(A) of C.G. Excise Act.

3. Prosecution story in brief is that on 01/10/2021, 20 bulk liter of hand made kachchi mahua 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 01/10/2021, 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 facts and circumstances of the case and quantity of the liquor seized from the possession of the applicant, 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