Nand Kumar Nishad vs State Of Chhattisgarh

Heard.

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.44/2022, registered at Police Station - Punjipathara, District – Raigarh (C.G.) for the offence punishable under Section 34(2), 59(A) of the Chhattisgarh Excise Act.

Prosecution story, in brief, is that on 21-02-2022, 20 bulk liters of country made liquor (Mahua) has been seized from the illicit possession of applicant.

Learned counsel appearing for the applicant would submit that the applicant is innocent, he has been falsely implicated in the present case and he is in jail since 21-02-2022. He further submits that this is the first crime registered against the applicant and he is the sole bread earner of his family, hence, he may be enlarged on bail.

Per contra, learned counsel for the State would oppose the bail application filed by the applicant. He further submits that as per case diary, there is no criminal antecedent has been shown against the applicant.

Considered the submissions made by both the parties and perused the case diary.

Considering the entire facts and circumstances of the case, nature and gravity of offence, quantity of liquor seized from the possession of applicant and also the period of detention of the applicant, I feel inclined to enlarge the applicant on bail.

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.