High Court Of ChhattisgarhMCRC/10257/2021allowed

Tulsi Das Tondre v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10257 of 2021 Tulsi Das Tondre S/o Chaindas Aged About 30 Years R/o Gormati, P.S. And Teh. Sahaspur Lohara, Dist. Kabirdham (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer Excise Circle, Sahaspur Lohara, District- Kabirdham (C.G.) ---- Respondent For the Applicant :

Shri Abhishek Sharma, Advocate appears on behalf of Shri Ajay Ayachi, Advocate For the State :

Shri Vimlesh Bajpai, 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.74/2021, registered at Excise Circle Sahaspur Lohara, District Kabirdham (C.G.), for the offence punishable under Sections 34(1) A, B, 34 (2) of C.G. Excise Act.

3. As per prosecution story on 10/12/2021, 5.760 bulk liter of country made liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that the present applicant is innocent and has been falsely implicated, he is in jail since 10/12/2021, 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.

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, offence is triable by Judicial Magistrate First Class, 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