High Court Of ChhattisgarhMCRC/9030/2021allowed

Sanjay Lahare v. State Of Chhattisgarh

2021-11-18Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 9030 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9030 of 2021 Sanjay Lahare S/o Shri Bhanupratap Lahare Aged About 22 Years R/o Village- Pachari, P.S. Patewa, District- Mahasamund (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through- Station House Officer, Police StationPatewa, District- Mahasamund (C.G.) ---- Respondent ____________________________________________________ For Applicant - Shri Sunil Sahu, Advocate.

For Respondent/State - Shri Dinesh Tiwari, Dy. Government Advocate. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 18-11-2021

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.160/2021, registered at Police Station - Patewa, District - Mahasamund (C.G.) for the offence punishable under Sections 34 (2) of the Chhattisgarh Excise Act.

3. Allegation against the applicant is that on 05-07-2021, that the applicant and other co-accused person were jointly found in illicit possession of 120 bulk liters of country made liquor (Mahua).

MCRC No. 9030 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 24-09-2021. He further submits that the other co-accused persons have been granted bail by the coordinate Bench on 12-08-2021 passed in MCRC No.5365/2021. Hence, he may be enlarged on bail.

5. Learned State counsel would oppose the prayer for grant of bail. He further submits that, as per case diary, there are two criminal antecedents against the applicant. Hence, the applicant's bail application is liable to be rejected. Moreover, he also submits that the charge sheet has been filed.

6. Considering the entire facts situation of the case; material available on record and the fact that the applicant is in custody since 24-09-2021 and also the charge sheet has already been filed, 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 two solvent sureties each for a sum of Rs.1,00,000/- along with one personal bond of Rs. 2,00,000/- 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