High Court Of ChhattisgarhMCRC/9182/2021allowed

Robart Lakra v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9182 of 2021 Robart Lakra S/o Joseph Lakra, Aged About 25 Years Caste Uraon, R/o Village Sahebdara, Police Station Kinjeerkela, District Sundargarh (Orissa).

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Tapkara, District Jashpur Chhattisgarh. ---- Respondent For the Applicant :

Shri Sanjeev Kumar Sahu, Advocate For the State :

Ms. Smiti Shrivastava, P.L.

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

1. Heard.

2. This is first bail application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 107/2021, registered at Police Station Tapkara, District - Jashpur (C.G.), for the offence punishable under Section 34 (2) of C.G. Excise Act.

3. Prosecution story in brief is that on 28/10/2021, 14.950 bulk liter of foreign liquor has been seized from the illegal possession of applicant.

4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the present case, he is in jail since 29/10/2021, offence is triable by Judicial Magistrate First Class, hence he be released on bail.

5. On the other hand, the State counsel opposed the bail application. She submits that alleged liquor has been seized from illegal possession of the applicant. She next submits that as per case diary there is no criminal antecedent against the present applicant.

6. I have heard learned counsel for both the parties and perused the material available on record.

7. Considering the nature and gravity of the offence and quantity of seized liquor, the detention period of the applicant, offence is triable by Judicial Magistrate First Class, 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