High Court Of ChhattisgarhMCRC/9116/2021allowed

Mukesh Miri v. State Of Chhattisgarh

2021-11-22Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 9116 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9116 of 2021 Mukesh Miri S/o Devcharan Miri Aged About 26 Years R/o Village Charpara, Police Station Malkharauda, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Malkharauda, District Janjgir Champa Chhattisgarh. ---- Respondent ____________________________________________________ For Applicant - Shri C.P. Lahrey, Advocate.

For Respondent/State - Shri Vimlesh Bajpai, Government Advocate. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 22-11-2021

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.341/2021, registered at Police Station - Malkharauda, District - Janjgir-Champa (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Allegation against the applicant is that on 29-10-2021, the applicant was found in illicit possession of 15 bulk liters of country made liquor.

MCRC No. 9116 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 29-10-2021. 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, his bail application is liable to be rejected.

6. Considering the entire facts and circumstances of the case; material available on record and the quantity of liquor seized from the possession of the applicant and also for the fact that the applicant is in custody since 29-10-2021, 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