High Court Of ChhattisgarhMCRC/10221/2021allowed

Tikam Singh v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10221 of 2021 Tikam Singh S/o Ramjatan Singh Aged About 42 Years Caste-Kanwar, R/o Gangapur Khurd, Police Station And Tahsil- Ambikapur, DistrictSurguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- The Excise Sub-Inspector, Excise Circle, Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For the Applicant :

Shri Animesh Verma, Advocate For the State :

Shri Sameer Oraon, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board /12/2021

1. Heard.

2. This is first bail application filed under Section 439 of Cr.P.C. for grant of regular bail to the applicant who has been arrested in connection with Crime No.180/2021, registered at Excise Sub Inspector, Excise Circle, Ambikapur, District - Surguja (C.G.), for the offence punishable under Sections 34 (1) (A), 34 (2) & 59 (A) of C.G. Excise Act.

3. Prosecution story in brief is that on 15/12/2021, 15 bulk liter of country made 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 sole bread earning member of his family and he is in custody since 15/12/2021, hence he be released on bail.

5. On the other hand, the State counsel opposes the bail application. He submits that alleged liquor has been seized from illegal possession of the applicant, hence 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, he is in jail since 15/12/2021, 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