Chattisgarh High Court
Suresh vs State Of Chhattisgarh on 10 May, 2022
Author: Nk Chandravanshi
Bench: Nk Chandravanshi
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3600/2022
Suresh son of Kelharam aged about 24 years resident of
village Karwahi PS Tamnar Distt. Raigarh (CG)
versus
State of Chhattisgarh, through SHO PS Excise Circule
Gharghoda, Distt. Raigarh (CG)
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For Applicant : Mr. Kamlesh Kumar Pandey, Adv. For respondent/State : Mr. Lalit Jangde, Dy. Govt. Adv.
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Hon'ble Shri Justice NK Chandravanshi Order On Board 10-5-2022
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 on 4-4-2022 in connection with Crime No. 1/2022 registered at Police Station Excise Circle, Gharghoda, Distt. Raigarh (C.G.), for the offence punishable under Sections 34(1)( d), 34(2), 59(d) of the CG Excise Act.
2. Case of the prosecution, in brief, is that, on 4-4-2022, 8.50 bulk litre country liquor has been seized from the possession of the applicant.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated. He is in jail since 4-4-2022. No seizure has been made from him. Therefore, he may be released on bail.
4. On the contrary, learned State counsel opposes the application for grant of bail.
5. Considered the submission made by counsel for both the parties and perused the case diary.
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6. Considering the entire facts and circumstances of the case, nature and gravity of the offence, quantity of the liquor seized from the applicant, and also for the facts that he is in jail since 4-4-2022, I feel inclined to allow the bail application.
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 solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said Court.
Certified copy as per rules.
Sd/-
(NK Chandravanshi) JUDGE Pathak/-