Phoolsay Chouhan v. State Of Chhattisgarh

MCRC No. 8733 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8733 of 2021 Phoolsay Chouhan S/o Gora Chouhan Aged About 35 Years R/o Aamjhar, P. S. Sarangarh, District Raigarh Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through Thana In-Charge, Excise Circle, Raigarh District Raigarh Chhattisgarh ---- Respondent _____________________________________________________ For Applicant - Shri Rajendra Tripathi, Advocate.

For Respondent/State - Shri Alok Nigam, Government Advocate. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 10-11-2021

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.8/2021, registered in Excise Circle Raigarh, District - Raigarh (C.G.) for the offence punishable under Section 34 (2), 59 (क) of the Chhattisgarh Excise Act.

3. Case of the prosecution, in brief, is that on 21-10-2021, 25 bulk liters of country made liquor has been seized from the illicit possession of applicant.

MCRC No. 8733 of 2021

4. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 21-10-2021. 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 facts and circumstances of the case and also for the fact that the applicant is in jail since 21-10-2021, 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