High Court Of ChhattisgarhMCRC/8832/2021allowed

Raju Kashyap v. State Of Chhattisgarh

2021-11-12Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 8832 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8832 of 2021 Raju Kashyap S/o Shri Sahettar Kashyap Aged About 33 Years R/o Village Pauna, Ward No. 7, Police Station - Mulmula, Civil And Revenue District Janjgir - Champa (Chhattisgarh) ---- Applicant

Versus

State of Chhattisgarh Through: The District Magistrate Janjgir, Civil and Revenue District Janjgir - Champa (Chhattisgarh). ---- Respondent _____________________________________________________ For Applicant - Shri Vishwanath Shriwas, Advocate on behalf of Shri Paras Mani Shriwas, Advocate.

For Respondent/State - Shri Vimlesh Bajpai, Government Advocate. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 12-11-2021

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.102/2021, registered in Excise Circle Akaltara, District - Janjgir-Champa (C.G.) for the offence punishable under Section 34 (1) (A), 34 (2) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 22-10-2021, the applicant has been found in illicit possession of 15 bulk liters of country made liquor (Mahua).

MCRC No. 8832 of 2021

4. Learned counsel appearing for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 22-10-2021. He further submits that, as per impugned order, there is no criminal antecedent against the applicant. Hence, he may be enlarged on bail.

5. Learned counsel for the State would oppose the bail application.

6. Considering the entire facts situation of the case; quantity of seized liquor recovered from the possession of applicant and also the detention period, I am inclined to release 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