High Court Of ChhattisgarhMCRC/8898/2021allowed

Vijay Tandi v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8898 of 2021 Vijay Tandi S/o Jago Tandi Aged About 42 Years Caste- Ganda, R/oVillage- Bagdwari, Police Station- Singhoda, Tahsil- Saraipali, DistrictMahasamund, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Plocie StationSinghoda, District- Mahasamund, Chhattisgarh . ---- Respondent For the Applicant :

Shri Yogeshwar Sharma, Advocate For the State :

Shri Vimlesh Bajpai, G.A.

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

1. Heard.

2. This is first bail application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 83/2021, registered at Police Station Singhoda, District - Mahasamund (C.G.), for the offence punishable under Section 34 (2) of C.G. Excise Act.

3. As per the case of prosecution that on 14/10/2021, 15 bulk liquor of country made mahua liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that this is first crime registered against the present applicant, applicant is innocent, he has been falsely implicated in the instant case, no seizure has been made from him, he is in jail since 14/10/2021, hence he be released on

bail.

5. Per contra, learned State counsel opposed the bail application mentioning that illicit 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. I have heard learned counsel for both the parties and perused the material available on record.

7. Considering the facts and circumstances of the case, no previous criminal antecedent against the applicant, his detention period and further looking to the totality of the facts, 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