High CourtsSingle Bench

Ratiram Banjare vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 21 May 2021 · Citation: (2021) 05 CHH CK 0081

HON’BLE JUDGES
Goutam Bhaduri, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Chhattisgarh Excise Act, 1915 — Section 34(2)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 2870 Of 2021
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Judgment

13 paragraphs · 229 words

Goutam Bhaduri, J

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested in connection with Crime No.119/2021 registered at Police Station- Excise Circle, Arang, District Raipur (C.G.) for the offence punishable

under Sections 34(2) of the Chhattisgarh Excise Act.

2.

As per the prosecution case, on a raid being conducted on 23.03.2021, from the possession of the applicant, total 21.96 bulk liters of illicit liquor was

seized.

3.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case, he is in jail since 23.03.2021 and the seizure has

already been made, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Considering the facts & circumstances of the case, taking into the quantity of seized liquor and the fact that applicant is in jail since 23.03.2021, I

am inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

6.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.15,000/- with one surety in the like sum to the

satisfaction of the concerned trial Court, for his appearance as and when directed.