MCRC/10336/2021 of CHINTAMANI @ RINKU Vs STATE OF CHHATTISGARH on 30 December 2021

1. Heard.

2. The applicant has preferred this first bail application underSection 439 of the Cr.P.C. for grant of bail as he has beenarrested in connection with Crime No. 98/2021, registered atExcise Circle, Lormi, District – Mungeli (C.G.), for the offencepunishable under Sections 34 (1) A, 34 (2), 59 (A) of C.G. ExciseAct. Section 439 of the Cr.P.C. for grant of bail as he has beenarrested in connection with Crime No. 98/2021, registered atExcise Circle, Lormi, District – Mungeli (C.G.), for the offencepunishable under Sections 34 (1) A, 34 (2), 59 (A) of C.G. ExciseAct.

3. Prosecution story in brief is that on 20/12/2021, 15 bulk liter ofhand made raw liquor has been seized from the illegalpossession of applicant.hand made raw liquor has been seized from the illegalpossession of applicant.

4. Counsel for the applicant submits that he is innocent and falselyimplicated in this case, he is in jail since 20/12/2021, he isresident of Village Manikpur, P.S. Lalpur, District Mungeli (C.G.),hence there is no chance of absconding of applicant. He nextimplicated in this case, he is in jail since 20/12/2021, he isresident of Village Manikpur, P.S. Lalpur, District Mungeli (C.G.),hence there is no chance of absconding of applicant. He next Kamde submits that applicant is a poor person and he is only breadearner of his family, therefore, he may be released on bail.

5. On the other hand, the State counsel opposes the bailapplication. He submits that alleged liquor has been seized fromillegal possession of the applicant, charge-sheet has not beenfiled, therefore, he may not be granted bail. application. He submits that alleged liquor has been seized fromillegal possession of the applicant, charge-sheet has not beenfiled, therefore, he may not be granted bail.

6. Considered the submissions made by both the counsel.

7. Considering the facts and circumstances of the case, quantity ofliquor seized from possession of the applicant, detention periodof the applicant, also taking into consideration that he ispermanent resident of District Mungeli (C.G.) as stated bycounsel for the applicant, I feel inclined to allow the bailapplication. It is directed that if the applicant furnishes onesolvent surety for a sum of Rs.25,000/- along with one personalbond in the like sum to the satisfaction of the trial Courtconcerned for his appearance before the concerned Court as andwhen directed by the said Court, he be released on bail.liquor seized from possession of the applicant, detention periodof the applicant, also taking into consideration that he ispermanent resident of District Mungeli (C.G.) as stated bycounsel for the applicant, I feel inclined to allow the bailapplication. It is directed that if the applicant furnishes onesolvent surety for a sum of Rs.25,000/- along with one personalbond in the like sum to the satisfaction of the trial Courtconcerned for his appearance before the concerned Court as andwhen directed by the said Court, he be released on bail.

8. In view of above, I.A.No.1, application for urgent hearing and I.A.No.2, application for seeking listing the matter in winter vacationstand disposed of. No.2, application for seeking listing the matter in winter vacationstand disposed of.

CC as per rules.

Sd/-(N.K. Chandravanshi)VACATIONJUDGE