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Judgment
7 paragraphs · 279 wordsHeard.
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.102/2021, registered in Excise Circle Civil Line, Raipur, District - Raipur (C.G.) for the offence punishable under Section 34 (2) of the Chhattisgarh Excise Act.
Case of the prosecution, in brief, is that on 29-10-2021, 18 bulk liters of foreign liquor (Royal Stag Whisky) has been recovered from the illicit possession of the applicant.
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 29-10-2021. He further submits that this is the first crime registered against him and he is the sole bread earner of his family. Hence, he may be enlarged on bail.
Per contra, learned State counsel would oppose the prayer for grant of bail to the applicant. He further submits that, as per case diary, there is no criminal antecedent registered against the applicant.
Considering the facts and circumstances of the case; quantity of seized liquor recovered from the possession of applicant and also for the fact that the applicant is in custody since 29-10-2021, I feel inclined to grant bail to the applicant.
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.
