High CourtsSingle Bench

Dukhuram Sinha vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 16 November 2021 · Citation: (2021) 11 CHH CK 0033

HON’BLE JUDGES
N.K. Chandravanshi, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Chhattisgarh Excise Act, 1915 — Section 34(1)(?), 34(2), 59(?)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.8935 Of 2021
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Judgment

7 paragraphs · 249 words
1.

Heard.

2.

The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.32/2021, registered in Excise Circle Dalli Rajhara, District - Balod (C.G.) for the offence punishable under Sections 34 (1) (क), 34 (2) and 59 (क) of the Chhattisgarh Excise Act.

3.

As per the prosecution case, the applicant has been found in illicit possession of 30 bulk liters of country made liquor (Mahua) on 28-10-2021.

4.

Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 28-10-2021. He is the sole bread earner of his family. Hence, he may be enlarged on bail.

5.

Learned State counsel would oppose the prayer for grant of bail.

6.

Considering the entire facts situation of the case; material available on record and quantity of seized liquor recovered from the possession of applicant and also for the fact that the applicant is in custody since 28-10-2021, I feel inclined to release the applicant on bail.

7.

Accordingly, the present bail application is allowed. 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.