High Court Of ChhattisgarhMCRC/10273/2021allowed

Mithun Kumar v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10273 of 2021 Mithun Kumar S/o Late Shri Ajit Aged About 26 Years R/o Village Kosanga (Wrongly Mentioned As Hosanga), Lakhanpur, P.S. Lakhanpur, District Surguja (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Jainagar, District Surajpur (C.G.) .

---- Respondent For the Applicant :

Shri Krishna Tandan, Advocate appears on behalf of Shri Gyan Prakash Shukla, Advocate For the State :

Shri Sudeep Varma, Dy. G.A.

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

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No. 238/2021, registered at Police Station Jainagar, District - Surajpur (C.G.), for the offence punishable under Section 34 (2) of C.G. Excise Act.

3. Prosecution story in brief is that on 13/10/2021, 131.22 bulk liter of foreign liquor (Whiskey) has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that applicant has been falsely implicated in this case, there is no previous criminal antecedent, he is in jail since 13/10/2021, charge-sheet has been filed,

co-accused has been granted bail by this Court vide order dated 25/11/2021 passed in MCRC No. 9270/2021, hence he be released on bail.

5. On the other hand, the State counsel opposes the bail application.

6. Considered the facts and circumstances of the case, particularly taking into consideration that the charge-sheet has been filed and co-accused has been granted bail, applicant is said to be permanent resident of District - Surguja (C.G.), I feel inclined to allow the bail application. It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.50,000/- each 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