Suraj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.9011 of 2021 Suraj S/o Rajkumar Yadav, Aged About 19 Years R/o Village Gaurbahari P.S. Tamnar, District Raigarh Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, P.S. Tamnar, District Raigarh Chhattisgarh.

---- Respondent For the Applicant :

Shri Manoj Jaiswal, 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.330/2021, registered at Police Station Tamnar, District - Raigarh (C.G.), for the offence punishable under Sections 34 (2), 59 (A) of C.G. Excise Act.

3. Case of the prosecution in brief is that on 28/10/2021, 15 bulk liter of country made liquor has been seized from the illegal possession of applicant.

4. Learned counsel for the applicant submits that this is first crime registered against the present applicant, he has been falsely implicated in this case, no seizure has been made from him and he is in jail since 28/10/2021, therefore, he be released on bail.

5. On the other hand, learned State counsel opposes the bail application mentioning that Illicit liquor has been seized from illegal possession of the applicant. 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. Having regard to the facts and circumstances of the case, considering the quantity of illicit liquor, the detention period of the applicant and the fact that applicant has no criminal antecedent, 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