High Court Of ChhattisgarhMCRC/9059/2021allowed

Bhujbal Yadav v. State Of Chhattisgarh

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

MCRC No. 9059 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9059 of 2021

1. Bhujbal Yadav S/o Anjor Singh Aged About 43 Years Resident of Village Pathiyapali, Thana Urga, Tahsil Kartala, District Korba Chhattisgarh.

2. Ramnarayan Chouhan S/o Shivdyal Chouhan Aged About 34 Years Resident of Village Pathiyapali, Thana Urga, Tahsil Kartala, District Korba Chhattisgarh.

---- Applicants

Versus

1. State of Chhattisgarh Through Police Station Urga, District Korba Chhattisgarh.

---- Respondent _____________________________________________________ For Applicants - Shri Vikas Pandey, Advocate.

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

1. Heard.

2. The applicants have preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as they are arrested in connection with Crime No.544/2021, registered at Police Station - Urga, District - Korba (C.G.) for the offence punishable under Section 34 (2) (क) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 29-10-2021, the applicants were found in joint illicit possession of 30 bulk liters of country made liquor (Mahua).

MCRC No. 9059 of 2021

4. Learned counsel for the applicants would submit that the applicants are innocent, they have been falsely implicated in the instant case and they are in jail since 29-10-2021. He further submits that this is the first crime registered against both the applicants. Hence, they may be enlarged on bail.

5. Learned counsel for the State would oppose the bail application filed by both the applicants. He further submits that as per case diary, no criminal antecedent has been found registered against the applicants.

6. After hearing learned counsel for both the parties; taking into consideration that this is the first crime registered against the applicants; quantity of seized liquor recovered from them and also their period of detention, I feel inclined to enlarge the applicants on bail.

7. Accordingly, the present bail application is allowed. It is directed that if each of them 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 their appearance before the concerned Court as and when directed by the said Court, they be released on bail.

SD/- (N.K. Chandravanshi) Judge Amardeep