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Chattisgarh High Court

Hem Lal Gond vs State Of Chhattisgarh on 24 November, 2021

                                              1

                                                                                      NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                                      MCRC No. 9189 of 2021

Hem Lal Gond S/o Laxman Gond Aged About 30 Years R/o Pathri,
Sabariya Dera, Ps Gidhouri, District Balodabazar Bhatapara
Chhattisgarh.

                                                                        ---- Applicant

                                                   Versus

State Of Chhattisgarh Through The Police Station Gidhouri, District
Balodabazar Bhatapara, Chhattisgarh.
                                                ---- Respondent


For the Applicant                :       Ms. Supriya Upasane, Advocate
For the State                    :       Ms. Smiti Shrivastava, P.L.
-----------------------------------------------------------------------------------------------

Hon'ble Shri Justice N.K. Chandravanshi Order On Board 24 /11/2021

1. As per applicant, this is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. The applicant has been arrested in connection with Crime No.156/2021 registered in Police Station Gidhouri, Balodabazar- Bhatapara (CG) for offence punishable under Section 34 (2) of C.G. Excise Act.

3. As per prosecution story on 30/10/2021, 80 bulk liter of country made liquor has been seized from the illegal possession of applicant.

4. Counsel for the applicant submits that this is first crime registered against the present applicant, he is innocent and falsely implicated in this case, he is in jail since 30/10/2021, therefore, 2 he be released on bail.

5. Per contra, learned State counsel opposes the bail application. She submits that as per case diary there is no previous criminal antecedent against the present applicant.

6. I have heard learned counsel for both the parties and perused the material available on record.

7. Considering the facts and circumstances of the case no previous criminal antecedent against the applicant, his detention period, 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) JUDGE Kamde