High Court Of ChhattisgarhMCRC/8907/2021allowed

Ramu Sahu v. State Of Chhattisgarh

2021-11-15Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8907 of 2021 Ramu Sahu S/o Ganpad Sahu Aged About 42 Years R/o Village Sarda, Tehsil Berla, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Excise Circle Berla, DistrictBemetara, Chhattisgarh., District : Bemetara, Chhattisgarh. ---- Respondent For the Applicant :

Shri S.S. Baghel, Advocate For the State :

Shri Samir Oraon, Govt. Adv.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /11/2021

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No. 134/2021, registered at Excise Circle Berla, District - Bemetara (C.G.), for the offence punishable under Sections 34 (1)(d), 34 (2), 59 (d), 36 of C.G. Excise Act.

3. Prosecution story in brief is that on 28/10/2021, 30.240 bulk liter of foreign liquor (Goa Whiskey) has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that applicant is innocent, he has been falsely implicated, no seizure has been made from him,

he is sole bread earner of his family, he is in custody since 28/10/2021, therefore, he be released on bail.

5. Per contra, learned State counsel vehemently opposed the bail application mentioning that quantity of liquor has been seized from the illegal possession of the applicant. He further submits that as per case diary there is no previous criminal antecedent against the present applicant.

6. Considered the submissions made by both the counsel.

7. Having 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