High Court Of ChhattisgarhMCRC/10261/2021allowed

Harishchandra Dewangan v. State Of Chhattisgarh

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

MCRC No. 10261 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10261 of 2021 Harishchandra Dewangan S/o Shri Basant Kumar Dewangan Aged About 38 Years R/o Yadu Mohalla, Mana Basti, P. S. Mana Camp, District Raipur Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Mujgahan, District Raipur Chhattisgarh ---- Respondent ____________________________________________________ For Applicant - Shri J.K. Gupta, Advocate.

For Respondent/State - Shri Vimlesh Bajpai, Government Advocate. Hon'ble Justice Shri N.K. Chandravanshi Order on Board 27-12-2021

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.217/2021, registered at Police Station - Mujgahan, District - Raipur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Prosecution story, in brief, is that on 06-12-2021, the applicant was found in illegal possession of 10.800 bulk liters of plain country made liquor.

MCRC No. 10261 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 06-12-2021. 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. 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 06-12-2021, 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) Vacation Judge Amardeep