High Court Of ChhattisgarhMCRC/9094/2021allowed

Ramesh v. State Of Chhattisgarh

2021-11-18Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9094 of 2021 Ramesh S/o Raisingh Aged About 65 Years R/o Village Churiyara Para Nagri, Tahsil Nagri, District Dhamtari, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Excise Circle Nagri, District Dhamtari, Chhattisgarh.

---- Respondent For the Applicant :

Shri Anil Gulati, Advocate For the State :

Shri Alok Nigam, Govt. Adv.

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

1. As per applicant, this is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. The applicant has been arrested in connection with Crime No.64/2021 registered in Excise Circle Nagri, District - Dhamtari (C.G.) for offence punishable under Sections 34 (1) ([k), 34 (2), 59 (d) of C.G. Excise Act.

3. As per prosecution story that on 01/11/2021, 11.500 bulk liter of country made liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant argued that this is first crime registered against the present applicant, he is innocent and falsely implicated in this case, no seizure has been made from him, he is bread earner of his family, he is in jail since 01/11/2021, hence

he be released on bail.

5. On the other hand, the State counsel opposes the bail application. He submits that alleged liquor has been seized from illegal possession of the applicant, therefore he may not be enlarged on bail.

6. Considered the submissions made by both the counsel.

7. Having considered the facts and circumstances of the case, quantity of seized liquor, 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