High Court Of ChhattisgarhMCRC/10323/2021allowed

Arun Kurre v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10323 of 2021 Arun Kurre S/o Late Vedram Kurre Aged About 28 Years R/o Village Kutara, Jaijaipur, Police Station Jaijaipur, District Janjgir Champa Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Balco, District Korba Chhattisgarh ---- Respondent For the Applicant :

Shri Basant Kaiwartya, 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. 623/2021, registered at Police Station Balco, District Korba (C.G.), for the offence punishable under Section 34 (2) of C.G. Excise Act.

3. As per prosecution story on 28/11/2021, 6 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, he is in jail since 28/11/2021, applicant is bread earner of his family, charge-sheet has been filed, 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, applicant is in jail since 28/11/2021, offence is triable by Judicial Magistrate First Class and charge-sheet has been filed as stated by the 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