Chattisgarh High Court
Sadanand Chouhan vs State Of Chhattisgarh on 29 March, 2022
Author: Nk Chandravanshi
Bench: Nk Chandravanshi
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2417 of 2022
• Sadanand Chouhan S/o Kalapram Chouhan Aged About 45
Years R/o Village Limauguda, Police Station Saraipali, District -
Mahasamund Chhattisgarh.
---- Applicant
Versus
• State of Chhattisgarh Through - Police Station Saraipali, District
- Mahasamund Chhattisgarh.
---- Respondent
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For Applicant : Mr. Kishore Narayan, Adv. For respondent/State : Mr. Neeraj Pradhan, PL.
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Hon'ble Shri Justice NK Chandravanshi Order On Board 29-3-2022
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. 90/2022 registered at Police Station Saraipali (C.G.), for the offence punishable under Section 34(2) of the CG Excise Act.
2. Case of the prosecution, in brief, is that, on 4-3-2022, on the information received from the informant, police seized from the possession of the applicant 25 bulk liters of Mahua liquor. Hence, the above crime has been registered against the applicant for offence punishable under Section 34(2) of the CG Excise Act.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated. No seizure has been made from his physical possession. He is in jail since 4-3-2022, therefore, present applicant may be enlarged on bail.
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4. On the contrary, learned State counsel opposes the application for grant of bail, however, he submits that one criminal case of like nature under Section 34(2) of the Excise Act has also been registered against him. Hence, bail application may be rejected.
5. Considered the submissions made by learned counsel for both the parties, perused the case diary and the material available on record.
6. Looking to the facts and circumstances of the case, nature and gravity of offence, period of detention, quantity of seized liquor, without further commenting on merits of the case, I am 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 two solvent sureties each in the like amount to the satisfaction of the concerned trial Court. He shall appear 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/-ss (NK Chandravanshi) JUDGE Pathak/-