High Court Of ChhattisgarhMCRC/9177/2021allowed

Hitesh Jagat v. State Of Chhattisgarh

2021-11-24Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9177 of 2021 Hitesh Jagat S/o Laldhar Jagat Aged About 41 Years R/o Mandhar Town, Smriti Nagar, Motilal Nehru Nagar, Bhilai, Ps Supela, District Durg Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through S.H.O. Excise Thana Circle Abhanpur, Raipur Chhattisgarh.

---- Respondent For the Applicant :

Shri Ankur Kashyap, Advocate appears on behalf of Shri Aman Pandey, Advocate For the State :

Ms. Smiti Shrivastava, P.L.

----------------------------------------------------------------------------------------------- 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. 77/2021, registered at Excise Circle, Abhanpur, District - Raipur (C.G.), for the offence punishable under Sections 34 (2), 36 A & 59 A of C.G. Excise Act.

3. Prosecution story in brief is that on 22/10/2021, 15.12 bulk liter of foreign liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that this is first crime registered against the present applicant, he is innocent and falsely implicated in this case, he is in jail since 22/10/2021, hence he be

released on bail.

5. On the other hand, the State counsel opposes the bail application. She submits that alleged liquor has been seized from illegal possession of the applicant. She further submits that in case diary no previous criminal antecedent has been shown against the present applicant.

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, trial will take more time, 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