High Court Of ChhattisgarhMCRC/9300/2021allowed

Hitesh Kumhar v. The State Of Chhattisgarh

2021-11-25Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

MCRC No. 9300 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9300 of 2021 Hitesh Kumhar S/o Shri Nemichand Kumhar Aged About 25 Years R/o Village- Jhitki, Thana- Beltukari, District- Nuapada (Orissa) ---- Applicant

Versus

The State Of Chhattisgarh Through- Station House Officer, Police Station - Komakhan, District- Mahasamund (C.G.) ---- Respondent ____________________________________________________ For Applicant - Shri Sunil Sahu, Advocate.

For Respondent/State - Shri V.K. Agrawal, Panel Lawyer. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 25-11-2021

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.175/2021, registered at Police Station - Komakhan, District - Mahasamund (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Allegation against the applicant is that on 28-10-2021, the applicant was found in illicit possession of 15 bulk liters of country made liquor (Mahua).

MCRC No. 9300 of 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 28-10-2021. 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. Having considered 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 28-10-2021, I am inclined to grant bail to the applicant.

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