High Court Of ChhattisgarhMCRC/9143/2021allowed

Anil Kumar Patel v. State Of Chhattisgarh

2021-11-23Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 9143 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9143 of 2021 Anil Kumar Patel S/o Samaru Ram Patel Aged About 36 Years R/o Village Murmunda, Tahsil Dhamdha, District Durg Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through District Magistrate, Durg District Durg Chhattisgarh And Also Through Police Station Kumhari, District Durg Chhattisgarh ---- Respondent ____________________________________________________ For Applicant - Shri Pushpendra Kumar Patel, Advocate.

For Respondent/State - Shri B.L. Sahu, Panel Lawyer. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 23-11-2021

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.187/2021, registered at Police Station - Kumhari, District - Durg (C.G.) for the offence punishable under Section 34 (2), 36 of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 10-08-2021, the applicant was found in illicit possession of 43.200 bulk liters of liquor.

MCRC No. 9143 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 10-08-2021. He further submits that this is the first crime registered against the applicant. Hence, he may be enlarged on bail.

5. Learned State counsel would vehemently oppose the bail application filed by the applicant. He further submits that, as per case diary, there is no criminal antecedent registered against the applicant.

6. Considering the entire facts situation of the case; quantity of liquor seized from the possession of the applicant and also the period of detention, 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 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.

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