High Court Of ChhattisgarhMCRC/9032/2021allowed

Jugeshwar v. State Of Chhattisgarh

2021-11-17Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9032 of 2021 Jugeshwar S/o Late Tushwa Aged About 55 Years R/o Village Khairbar, P.S. - Ambikapur, District Surguja Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through P.S. Incharge P.S. - Kotwali Ambikapur, District -Surguja Chhattisgarh.

---- Respondent For the Applicant :

Ms. Soniya Kuldeep, Advocate For the State :

Shri Alok Nigam, Govt. Adv.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /11/2021

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No. 1199/2021, registered at Police Station Kotwali Ambikapur, District - Surguja (C.G.), for the offence punishable under Section 34 (2) of C.G. Excise Act.

3. Prosecution story in brief is that on 05/11/2021, 21 bulk liter of country made liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated in the instant case, he is in jail since 05/11/2021, hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application

mentioning that huge quantity of liquor has been seized from the illegal possession of the applicant. He further submits that in the impugned order mentioning that applicant has been selling the liquor for a long time, therefore, he may not be granted bail.

6. Considered the submissions made by both the counsel.

7. Considering the nature and gravity of the offence and quantity of seized liquor, looking to the totality of the facts, the detention period of the applicant, 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