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High Court Of ChhattisgarhMCRC/9170/2021allowed

Devram Mandavi v. State Of Chhattisgarh

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

MCRC No. 9170 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9170 of 2021 Devram Mandavi S/o Late Chummuram Mandavi Aged About 52 Years R/o Village Niljhar, Thana Amabeda, District Uttar Baster Kanker Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through Police Station Amabeda, District U.B. Kanker Chhattisgarh.

---- Respondent ____________________________________________________ For Applicant - Ms. Bhavika Kotecha, Advocate.

For Respondent/State - Ms. Anjali Singh Chouhan, 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.12/2021, registered at Police Station - Amabeda, District - Uttar Baster, Kanker (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Allegation against the applicant is that on 02-11-2021, the applicant was found in illicit possession of 38 bulk liters of foreign liquor.

MCRC No. 9170 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 02-11-2021. Hence, he may be released 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 one criminal antecedent registered against the applicant. Hence, his bail application is liable to be rejected.

6. Considering the entire facts and circumstances of the case; quantity of liquor seized from the possession of the applicant and also for the fact that the applicant is in jail since 02-11-2021, I am 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