Sagar Tekwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8690 of 2021 Sagar Tekwani, S/o Late Jethanand Tekwani, aged about 30 Years, R/o New Shanti Nagar Road, Ward No. 30, Beside Laxmi Kirana Store, P.S.- Civil Lines, Dist. Raipur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer - Excise Circle Ganj, Dist. Raipur (C.G.) ----Non-applicant For Applicant : Mr. Wasim Miyan, Advocate. For Non-applicant : Ms. Anjali Singh Chouhan, Panel Lawyer. Hon'ble Mr. Justice N.K. Chandravanshi Order On Board 15-11-2021 (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. 74/2021 registered in Excise Circle Ganj, Dist. Raipur (C.G.) for commission of offence punishable under Sections 34(2) & 59 of C.G. Excise Act.

(3) Case of the prosecution, in brief, is that 15 bulk liters of illicit foreign liquor was seized by the police from possession of the applicant on 23.10.2021 and thereby committed the aforesaid offences.

(4) Counsel for the applicant would submit that the applicant has been falsely implicated in the crime in question as he has not committed the alleged crime. He further submits that applicant has been arrested on 23.10.2021; charge sheet has been filed and conclusion of trial is likely to take long time, therefore, the applicant may be released on bail.

(5) Per contra, the State counsel opposes the bail application filed by the applicant. She submits that there is no previous criminal antecedents against the applicant. (6) I have heard learned counsel for the parties and perused the case diary as well as material available on record.

(7) Looking to the entire facts and circumstances of the case, quantity of the liquor seized from the possession of the applicant and 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. Sd/- (N.K.Chandravanshi) Judge D/-