High Court Of ChhattisgarhMCRC/10327/2021allowed

Saleem Tandon v. State Of Chhattisgarh

2021-12-30Hon'Ble Shri Justice Naresh Kumar Chandravanshi2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10327 of 2021 Saleem Tandon S/o Goverdhan Tandon, Aged About 45 Years R/o Village Bade Jalli, P. S. Fasterpur, District Mungeli Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Excise Circle Mungeli, District Mungeli Chhattisgarh ---- Respondent For the Applicant :

Shri Shashi Kumar Kushwaha, Advocate For the State :

Shri Ravish Kumar, Govt. Advocate ----------------------------------------------------------------------------------------------- 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. 92/2021, registered at Excise Circle, Mungeli, District - Mungeli (C.G.), for the offence punishable under Sections 34 (1) (A)(B), 34 (2), 59 (A) of C.G. Excise Act.

3. Case of the prosecution in brief is that on 18/12/2021, 26.640 bulk liter of country made and foreign liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that the applicant is innocent and falsely implicated in this case, he is in custody since 18/12/2021, he is resident of village Bade Jalli, District - Mungeli (C.G.), hence there is no chance of absconding of applicant,

therefore, 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, charge-sheet has not been filed, 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, his period of detention and also taking into consideration that he is permanent resident of District - Mungeli (C.G.) as stated by counsel for the applicant, 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