High Court Of ChhattisgarhMCRC/8935/2021allowed

Dukhuram Sinha v. State Of Chhattisgarh

2021-11-16Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 8935 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8935 of 2021 Dukhuram Sinha S/o Late Ramprasad Sinha Aged About 50 Years R/o Tumrikasa, Tehsil Dondi Lohara, District Balod Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Excise Circle, Dallirajhara, District Balod Chhattisgarh ---- Respondent ____________________________________________________ For Applicant - Shri Vidya Bhushan Soni, Advocate on behalf of Shri B.P. Singh, Advocate.

For Respondent/State - Shri Dinesh Tiwari, Dy. Government Advocate. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 16-11-2021

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.32/2021, registered in Excise Circle Dalli Rajhara, District - Balod (C.G.) for the offence punishable under Sections 34 (1) (क), 34 (2) and 59 (क) of the Chhattisgarh Excise Act.

3. As per the prosecution case, the applicant has been found in illicit possession of 30 bulk liters of country made liquor (Mahua) on 28-10-2021.

MCRC No. 8935 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 28-10-2021. He is the sole bread earner of his family. Hence, he may be enlarged on bail.

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

6. Considering the entire facts situation of the case; material available on record and quantity of seized liquor recovered from the possession of applicant and also for the fact that the applicant is in custody since 28-10-2021, I feel 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