High Court Of ChhattisgarhMCRC/8473/2021allowed

Shyamlal Agariya v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8473 of 2021 Shyamlal Agariya S/o Golaram Aged About 35 Years R/o Village Tambeshwarnagar, Police Station Ramanujganj, District Balrampur - Ramanujganj Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Excise Circle Wadrafnagar, District Balrampur - Ramanujganj Chhattisgarh.

---- Respondent For the Applicant :

Shri Devesh Kela, Advocate For the State :

Ms. Anjali Chouhan, 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. 21/2021 registered in Excise Circle - Wadrafnagar, District - Balrampur-Ramanujganj (CG) for offence punishable under Section 34(1)(A), 34(2), 36, 59(A) of C.G. Excise Act.

3. Prosecution story in brief is that on 15/10/2021, 24.3 bulk liter of foreign 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 has no criminal antecedent, he is in jail since 15/10/2021, therefore he be released on bail.

5. On the other hand, the State counsel opposed the bail application mentioning that Illicit liquor has been seized from illegal possession of the applicant.

6. Considered the submissions made by both the counsel.

7. Considering the nature and gravity of the offence and quantity of seized liquor, 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