High Court Of ChhattisgarhMCRC/8751/2021allowed

Panchram Banjare v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8751 of 2021 Panchram Banjare S/o Balaram Banjare Aged About 36 Years R/o Village Kirari Godhi, Police Station Bilha, District Bilaspur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Bilha , District Bilaspur Chhattisgarh.

---- Respondent For the Applicant :

Shri Vipin Singh, Advocate For the State :

Shri Dinesh Tiwari, Dy. G.A.

----------------------------------------------------------------------------------------------- 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.257/2021 registered in Police Station - Bilha, District - Bilaspur (CG) for offence punishable under Section 34 (2), 59 (d) of C.G. Excise Act.

3. Prosecution story in brief is that on 25/10/2021, 20 bulk liter of Mahua liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant argued that the applicant is innocent, he has been falsely implicated, he is in jail since 25/10/2021, hence he be released on bail.

5. Per contra, learned State counsel opposed the bail application. He further submits that as per case diary earlier one case of Section 36 (p) of Excise Act has been registered against the present applicant,

which shows that applicant is habitual offender of crime of this nature, hence he may not be granted bail.

6. I have heard learned counsel for both the parties and perused the material available.

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