High Court Of ChhattisgarhMCRC/8461/2021allowed

Santosh Chouhan v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8461 of 2021 Santosh Chouhan S/o Suloram Chouhan Aged About 23 Years R/o Village Mudagaon Police Station Tamnar, District- Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Excise Circle Excise Sub Inspector Ghrghoda, District- Raigarh, Chhattisgarh. ---- Respondent For the Applicant :

Shri Manoj Kumar Jaiswal, Advocate For the State :

Shri Roshan Dubey, P.L.

----------------------------------------------------------------------------------------------- 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. 47/2021 registered in Excise Circle Gharghoda, District - Raigarh (CG) for offence punishable under Section 34(1)(A), 34(2), 59(A) of C.G. Excise Act.

3. Prosecution story in brief is that on 06/10/2021, 35 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 in jail since 06/10/2021, 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 illegal possession of the applicant, 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