Tarikh Ram vs State Of Chhattisgarh on 24 June, 2022

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Chattisgarh High Court

Tarikh Ram vs State Of Chhattisgarh on 24 June, 2022

Bench: Nk Chandravanshi

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                                                                                NAFR
            HIGH COURT OF CHHATTISGARH, BILASPUR
                      MCRC No. 4649/2022
        Tarikh Ram son of Mangal Singh, aged about 50 years, R/o.
        Village Dabarapara, Dhodhatarai, PS Urga, Tahsil Kartala, Distt.
        Korba, Chhattisgarh
                                                                        ---- Applicant
                                        Versus
        State Of Chhattisgarh through the District Magistrate (Excise
        Circle Korba),, Distt. Korba, Chhattisgarh
                                                                    ---- Respondent
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For Applicant                      : Mr. Lav Kumar Lahre, Adv.
For respondent/State               : Ms. Smita Shrivastava, PL

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Hon'ble Shri Justice NK Chandravanshi Order on Board 24-6-2022

1. This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 19/2022 registered at Police Station Excise Circle, Korba (C.G.), for the offence punishable under Section 34(1)(a)(b), Section 34(2) and 59(a) of the CG Excise Act.

2. Case of the prosecution, in brief, is that on 17-5-2022 8 bulk litre hand made country liquor has been was seized from illegal possession of the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and he is innocent. It is submitted that seizure memo is concocted. The applicant is in jail since 17-5-2022. It is his first offence. Hence, the applicant may be enlarged on bail.

4. On the contrary, learned State counsel opposes the application for grant of bail and the submissions made in support of it. However, on being asked, he submits that there is no criminal antecedent of the applicant mentioned in the case diary.

5. Considered the submissions of counsel for the parties and perused the material available on record and on the case diary.

6. Considering the facts and circumstances of the case, quantity of seized liquor in the case, period of detention, considering that as per case diary, there is no criminal antecedent of the applicant, I feel inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi) JUDGE Pathak/-

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