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High Court Of ChhattisgarhMCRC/9270/2021allowed

Pintu Toppo v. State Of Chhattisgarh

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

MCRC No. 9270 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9270 of 2021 Pintu Toppo S/o Chaitram Toppo, Aged About 26 Years R/o Village Kosanga (Wrongly Mentioned As Hoshanga in the certified copy of Order), Police Station Lakhanpur, District Surguja (Chhattisgarh), District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police of Police Station Jainagar, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh ---- Respondent ____________________________________________________ For Applicant - Shri Anil Gulati, Advocate.

For Respondent/State - Ms. Anjali Singh Chouhan, 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.238/2021, registered at Police Station - Jainagar, District - Surajpur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 13-10-2021, the applicant was found in illicit possession of 131.22 bulk liters of foreign liquor.

MCRC No. 9270 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 13-10-2021. He further submits that this is the first crime registered against the applicant. Hence, he may be enlarged on bail.

5. Per contra, learned State counsel would oppose the bail application filed by the applicant. He further submits that, as per case diary, no criminal antecedent has been found registered against the applicant.

6. Having considered the entire facts situation of the case, nature and gravity of offence, quantity of liquor seized from the possession of the applicant and also the period of detention, 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 two solvent sureties for a sum of Rs.50,000/- each 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