High Court Of ChhattisgarhMCRC/9062/2021allowed

Tejsingh Vishwakarma v. The State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9062 of 2021 Tejsingh Vishwakarma S/o Itwaru Vishwakarma Aged About 33 Years R/o Kanhargaon, Thana And Tahsil Bhanupratappur, District Uttar Baster Kanker Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through Police Station Excise Circle Bhanupratappur, District Uttar Bastar Kanker, Chhattisgarh. ---- Respondent For the Applicant :

Smt. Bhavika Kotecha, Advocate For the State :

Shri Vimlesh Bajpai, Govt. Adv.

----------------------------------------------------------------------------------------------- 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. 26/2021, registered at Excise Circle, Bhanupratappur, District - Uttar Bastar Kanker (C.G.), for the offence punishable under Section 34 (2) of C.G. Excise Act.

3. Case of the prosecution in brief is that on 16/10/2021, 20 bulk liter of country made liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant argued that this is first crime registered against the present applicant, he is innocent and falsely implicated in this case, no seizure has been made from him, he is in jail since 16/10/2021, hence he be released on bail.

5. On the other hand, the State counsel opposes the bail application. 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. Looking to the facts and circumstances of the case and quantity of the liquor seized from the illegal possession of the applicant, his detention period, 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