High Court Of ChhattisgarhMCRC/9332/2021allowed

Surendra Yadav v. The State Of Chhattisgarh,

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

MCRC No. 9332 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9332 of 2021 Surendra Yadav S/o Shri Ashok Yadav Aged About 31 Years R/o Village Indira Nagar Ward No. 05, Supela Bhilai, Tahsil And Distict Durg Chhattisgarh ---- Applicant

Versus

The State of Chhattisgarh, Through Station House Officer, Police Station Arjuni District Dhamtari Chhattisgarh ---- Respondent ____________________________________________________ For Applicant - Shri Sunil Sahu, Advocate.

For Respondent/State - Shri Anil Tripathi, Panel Lawyer. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 26-11-2021

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.297/2021, registered at Police Station - Arjuni, District - Dhamtari (C.G.) for the offence punishable under Section 34 (2), 59 of the Chhattisgarh Excise Act.

3. Allegation against the applicant is that on 04-11-2021, the applicant was found in illicit possession of 90 bulk liters of foreign liquor.

MCRC No. 9332 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 04-11-2021. He further submits that this is the first crime registered against the applicant and 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. He further submits that, as per case diary, no criminal antecedent has been shown against the applicant.

6. Considering the entire facts and circumstances of the case, material available on record, 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 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