High Court Of ChhattisgarhMCRC/8629/2021allowed

Santosh Kumar Bargaah v. State Of Chhattisgarh

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

MCRC No. 8629 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8629 of 2021 Santosh Kumar Bargaah S/o Jainath Bargaah Aged About 30 Years Caste Bargaah, R/o Birimkela P. S. and Tehsil, Batouli, District Surguja Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through the S. H. O., P. S. Batouli District Surguja Chhattisgarh.

---- Respondent _____________________________________________________ For Applicant - Shri Nishi Kant Sinha, Advocate.

For Respondent/State - Shri Alok Nigam, Government Advocate. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 08-11-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.124/2021, registered at Police Station - Batouli, District - Surguja (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 19-10-2021, 10 bulk liters of country made liquor (Mahua) has been seized from the illicit possession of applicant.

MCRC No. 8629 of 2021

4. Learned counsel appearing for the applicant would submit that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 19-10-2021. Hence, he may be enlarged on bail.

5. Learned counsel for the State would oppose the prayer for grant of bail to the applicant.

6. Considering the entire facts situation of the case and the quantity of liquor seized from the possession of applicant and also for the fact that the applicant is in jail since 19-10-2021, I feel inclined to enlarge the applicant on bail.

7. Accordingly, the present bail application is allowed. 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.

SD/- (N.K. Chandravanshi) Judge Amardeep