Durga Singh Sonwani vs State Of Chhattisgarh

This bail application is 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. 199/2021-22 registered in Excise Circle, Sakti, District Janjgir-Champa, C.G. for the offence punishable under Section 34(2) of the C.G. Excise Act.

Case of the prosecution, in brief, is that on 30.01.2022, 15 bulk litre of handmade mahua liquor was seized from the illegal possession of present applicant. Thereafter, offence was registered.

Learned counsel for the applicant would argue that the applicant is innocent and has been falsely implicated. He would further submit that it is a case of illegal possession of only 15 bulk litre of liquor; this is the first crime registered against the applicant; charge-sheet has already been filed and he is in custody since 30.01.2022, therefore, he may be released on bail.

On the other hand, learned State counsel opposes the bail application. However, he would submit that as per the case diary, there is no previous criminal antecedent of the applicant.

Considered the submissions made by learned counsel for the parties, perused the case diary and material available on record.

Considering the facts and circumstances of the case; nature & gravity of the offence; applicant is in custody since 30.01.2022; quantity of liquor seized from the possession of the applicant and particularly, considering the fact that charge-sheet has already been filed, I am inclined to enlarge the applicant on bail.

Accordingly, the present bail application is allowed. It is directed that on the applicant's furnishing one personal bond for a sum of Rs. 25,000/- along with one solvent surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said Court, he shall be released on bail.

Certified copy as per rules.