Chattisgarh High Court
Praduman Kumar @ Satel vs State Of Chhattisgarh on 24 June, 2022
Author: Nk. Chandravanshi
Bench: Nk. Chandravanshi
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No.5561 of 2022
Praduman Kumar @ Satel S/o Late Shyam Verma Aged About 47 Years R/o
Village Seepat, Police Station - Seepat, District-Bilaspur, Chhattisgarh
-----Applicant
Versus
State Of Chhattisgarh Through Police Station Seepat, District-Bilaspur,
Chhattisgarh ----Non-Applicant
For Applicant: Shri RS Patel, Advocate.
For Non-Applicant/State: Smt Smriti Shrivastava, PL.
Hon'ble Shri Justice NK. Chandravanshi
Order on Board
24.06.2022
1.Heard on admission.
2. Admit.
3. This is the 1st bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.258/2022 registered at Police Station Seepat, District Bilaspur (CG) for the offence punishable under Section 34(2) of the CG Excise Act.
4. Allegation against the present Applicant is that he was found in illegal possession of 20 bulk liters of country made liquor.
5. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question for which, he is languishing in jail since 13.06.2022. He further submits that no seizure has been made from the present Applicant, this is the first crime registered against him, conclusion of trial is likely to take some time, therefore he may be released on bail by this Court.
6. On the other hand, learned counsel for the Non-Applicant/State vehemently opposed the bail application and submits that as per the case diary, one previous criminal antecedent under Section 36(c) of Excise Act and Preventive action case has been registered against the present Applicant and therefore, he is not entitled to be released on bail.
7. Having heard learned counsel for the parties, having considered the case diary and the facts and circumstances of the case, considering the quantity of liquor seized from the possession of the present Applicant and his detention period, the nature and gravity of the offence, without further commenting anything on merits, I am inclined to allow the application.
8. Accordingly, the application is allowed and it is directed that on Applicant's furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, he shall be released on bail. He shall however, make his appearance before the concerned Court as and when so directed.
Sd/-
(NK Chandravanshi) Judge Priya