High Court Of ChhattisgarhMCRC/8533/2021allowed

Lalitpuri Goswami v. State Of Chhattisgarh

2021-10-29Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8533 of 2021 Lalitpuri Goswami S/o Chandrapuri Goswami, Aged About 40 Years R/o. Shanti Nagar Kusmunda, District Korba Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Kusmunda, District Korba Chhattisgarh ---- Respondent For the Applicant :

Shri Vijay Kumar Sahu, Advocate For the State :

Shri Ankur Kashyap, P.L.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /10/2021

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. 315/2021 registered in Police Station Kusmunda, District Korba (CG) for offence punishable under Section 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 17/07/2021, 7 bulk liter of country made liquor has been seized from the possession of applicant.

4. Counsel for the applicant submits that the applicant has been falsely implicated in this case, no seizure has been made from the applicant. He is in jail since 17/07/2021, charge-sheet has been filed, hence he may be enlarged on bail.

5. Learned State counsel while opposing the bail application would submit that 12 cases have been registered against him, out of which 10 cases are of preventive action and two cases are for other

offences, hence applicant is not entitled to grant bail.

6. I have heard learned counsel for the parties, perused the case diary and material available on record.

7. Considering the fact that charge-sheet has been filed, applicant is in jail since 17/07/2021 and also taking into consideration the totality of the fact, 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