High Court Of ChhattisgarhMCRC/10266/2021allowed

Mohan v. State Of Chhattisgarh

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

MCRC No. 10266 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10266 of 2021 Mohan S/o Dhanwaram Aged About 32 Years R/o Khairi, P.S. Palari, District Baloda Bazar-Bhatapara Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh Through The P. S. Palari, District Baloda BazarBhatapara Chhattisgarh ---- Respondent ____________________________________________________ For Applicant - Shri Vivek Kumar Agrawal, Advocate on behalf of Ms. Supriya Upasane, 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.716/2021, registered at Police Station - Palari, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.

3. Allegation against the applicant is that on 14-12-2021, the applicant was found in illegal possession of 35 bulk liters of country made liquor (Mahua).

MCRC No. 10266 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 14-12-2021. He further submits that this is the first crime registered against the applicant. 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, there is 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) Vacation Judge Amardeep