High Court Of ChhattisgarhMCRC/9233/2021allowed

Ajay Kosariya v. State Of Chhattisgarh

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

MCRC No. 9233of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9233 of 2021 Ajay Kosariya S/o Rupanand Kosariya, Aged About 21 Years Caste Satnami, R/o Village Beldih Pathar, Police Station Basna, Tahsil Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through Police Station Basna, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh ---- Respondent ____________________________________________________ For Applicant - Ms. Ankita Shriwas, Advocate.

For Respondent/State - Shri Sudhir Sahu, Panel Lawyer. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 24-11-2021

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.500/2021, registered at Police Station - Basna, District - Mahasamund (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 03-10-2021, the applicant was found in illicit possession of 15 bulk liters of country made liquor (Mahua).

MCRC No. 9233of 2021

4. Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and the applicant is in jail since 03-10-2021. He is the sole bread earner of his family. Hence, he may be enlarged on bail.

5. On the other hand, learned State counsel would oppose the bail application filed by the applicant.

6. Considering the entire facts situation 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 03-10-2021, 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