Sachin Kumar Kesharwani vs State Of Chhattisgarh

Heard.

Admit.

This bail application is filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 81/2022 registered at Police Station Gourella, District Gourella-Pendra-Marwahi, Chhattisgarh for the offence punishable under Sections 34(2)(क), 59 (क) of the C.G. Excise Act.

Case of the prosecution, in brief, is that on 06.3.2022, 8.640 bulk litre of country made liquor was seized from the illegal joint possession of present applicants. Thereafter, offence was registered.

Learned counsel for the applicants would argue that the applicants are innocent and have been falsely implicated. He would further submit that this is the first crime registered against the applicants; it is a case of illegal joint possession of only 8.640 bulk litre of liquor and they are in custody since 06.3.2022, therefore, they 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 are no previous criminal antecedents of the applicants.

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 and particularly, considering the quantity of liquor seized from the joint possession of the applicants and period of detention, I am inclined to enlarge the applicants on bail.

Accordingly, the present bail application is allowed. It is directed that on each of the applicants' 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 their appearance before the concerned Court as and when directed by the said Court, they shall be released on bail.

Certified copy as per rules.