High Court Of ChhattisgarhMCRC/8743/2021allowed

Devkumar Bhardwaj v. State Of Chhattisgarh

2021-11-10Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8743 of 2021 Devkumar Bhardwaj S/o Chhatram Bhardwaj, Aged About 34 Years R/o Udaybhatha, P.S. Navagarh, District Janjgir- Champa Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Navagarh, District Janjgir-Champa Chhattisgarh.

---- Respondent For the Applicant :

Shri Anil Gulati, Advocate appears on behalf of Shri C.P. Lahre, Advocate For the State :

Shri Samir Oraon, 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. 414/2021 registered in Police Station Navagarh, District - JanjgirChampa (CG) for offence punishable under Section 34(1)(d), 34(2) of C.G. Excise Act.

3. Prosecution story in brief is that on 21/10/2021, 25 bulk liter of handmade Mahua liquor has been seized from the illegal possession of the applicant.

4. Counsel for the applicant argued that the applicant is innocent, he has been falsely implicated, he is in jail since 21/10/2021, 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 one previous criminal antecedent has been shown against the present applicant, therefore, his bail application is liable to be rejected.

6. Considered the submissions made by both the counsel.

7. Considering the facts and circumstances of the case, quantity of the liquor seized form 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