High Court Of ChhattisgarhMCRC/8797/2021allowed

Sanad Sonwani v. State Of Chhattisgarh

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

MCRC No. 8797 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8797 of 2021 Sanad Sonwani S/o Chhatru Ram Sonwani Aged About 38 Years R/o Village- Mohandi, Police Station- Magarlod, District- Dhamtari, Chhattisgarh, District : Dhamtari, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Excise Sub Inspector, Circle Kurud, District- Dhamtari, Chhattisgarh, District : Dhamtari, Chhattisgarh ---- Respondent _____________________________________________________ For Applicant - Shri Anil Gulati, Advocate.

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

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

MCRC No. 8797 of 2021

3. The applicant has been found in illicit possession of 24 bulk liters of country made liquor (Mahua) on 28-10-2021.

4. Learned counsel for the applicant would submit that the applicant is innocent, he has been falsely implicated in the instant case and he is in custody since 28-10-2021. The applicant is only bread earner of his family and also mentioning that this is the first crime registered against him. Hence, he may be enlarged on bail.

5. Per contra, learned counsel for the State would oppose the prayer for grant of bail. He further submits that, as per case diary, there is no criminal antecedent found against the applicant.

6. Considering the entire facts and circumstances of the case and the quantity of seized liquor recovered from the possession of applicant and also the detention period of applicant, 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