High Court Of ChhattisgarhMCRC/10251/2021allowed

Parmeshwar Sahu v. State Of Chhattisgarh

2021-12-27Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10251 of 2021 Parmeshwar Sahu S/o Pekhan Sahu Aged About 25 Years Caste Teli, R/o Village Madauda, Police Station Khairagarh, Tehsil Khairagarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Excise Circle Khairagarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Respondent For the Applicant :

Shri Abhishek Sharma, Advocate For the State :

Ms. Priyambada Singh, Dy. G.A.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /12/2021

1. As per applicant, this is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. The applicant has been arrested in connection with Crime No. 41/2021 registered in Excise Circle Khairagarh, District Rajnandgaon (CG) for offence punishable under Section 34 (2) of C.G. Excise Act.

3. Case of the prosecution in brief is that on 24/11/2021, 36 bulk liter of foreign liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that the applicant is innocent, he has been falsely implicated, no seizure has been made from

him, he is in jail since 24/11/2021, hence he be released on bail.

5. On the other hand, the State counsel opposes the bail application. She submits that the alleged liquor has been seized from illegal possession of the applicant, therefore, he may not be granted bail.

6. Considered the submissions made by both the counsel.

7. Looking to the facts and circumstances of the case and quantity of the liquor seized from the illegal possession of the applicant, his detention period, 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) VACATION JUDGE Kamde