High Court Of ChhattisgarhMCRC/9225/2021allowed

Laxman Kumar Jangde v. State Of Chhattisgarh

2021-11-26Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9225 of 2021 Laxman Kumar Jangde S/o Chhedilal Jangde Aged About 25 Years R/o Village Kumhari PS And Tahsil Sarangarh District Raigarh Chhattisgarh .

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Kosir, Raigarh District Raigarh Chhattisgarh ---- Respondent For the Applicant :

Shri Manoj Kumar Jaiswal, Advocate For the State :

Shri Amit Verma, P.L.

----------------------------------------------------------------------------------------------- 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.245/2021 registered in Police Station Kosir, District - Raigarh (CG) for offence punishable under Sections 34 (1)(A), 34(2), 59(A) of C.G. Excise Act.

3. As per prosecution story on 02/11/2021, 55 bulk liter of hand made liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that he is innocent and falsely implicated in the present case, he is in custody since 02/11/2021, he is bread earner of his family, hence he be released on bail.

5. On the other hand, learned State counsel opposes the bail application. He submits that alleged liquor has been seized from illegal possession of the applicant. He further submits that as per impugned order, earlier two cases have been registered against the present applicant. He next submits that he is habitual offender, therefore, he may not be granted bail.

6. Considered the submissions made by both the counsel.

7. Looking to the facts and circumstances of the case and quantity of the liquor seized from the illegal possession of the applicant, he is in jail since 02/11/2021, 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