MCRC/10340/2021 of PANKAJ BANJARE Vs STATE OF CHHATTISGARH on 30 December 2021

1. Heard.

2. This is first bail application filed under Section 439 of Cr.P.C. forgrant of regular bail to the applicant who has been arrested inconnection with Crime No.18/2021, registered at Excise CircleMahasamund, District – Mahasamund (C.G.), for the offencepunishable under Section 34 (2) of C.G. Excise Act. grant of regular bail to the applicant who has been arrested inconnection with Crime No.18/2021, registered at Excise CircleMahasamund, District – Mahasamund (C.G.), for the offencepunishable under Section 34 (2) of C.G. Excise Act.

3. Case of the prosecution in brief is that on 21/12/2021, 7 bulk literof country made liquor has been seized from the illegalpossession of applicant.of country made liquor has been seized from the illegalpossession of applicant.

4. Counsel for the applicant submits that the applicant is innocentand has been falsely implicated in this case, false seizure hasbeen made from him, he is in jail since 21/12/2021 and he ispermanent resident of Village – Ookarband, P.S. Khallari, Districtand has been falsely implicated in this case, false seizure hasbeen made from him, he is in jail since 21/12/2021 and he ispermanent resident of Village – Ookarband, P.S. Khallari, District Kamde Mahasamund (C.G.), hence he may be enlarged on bail.

5. On the other hand, the State counsel controverted thesubmission of counsel for the applicant stating that as perimpugned order; there is one previous criminal antecedentagainst the applicant of same nature of offence, hence he maynot be granted bail. submission of counsel for the applicant stating that as perimpugned order; there is one previous criminal antecedentagainst the applicant of same nature of offence, hence he maynot be granted bail.

6. Considered the submissions made by both the counsel.

7. Looking to the facts and circumstances of the case and quantityof the liquor seized from the illegal possession of the applicant,he is in jail since 21/12/2021, offence is triable by JudicialMagistrate First Class, I feel inclined to allow the bail application.It is directed that if the applicant furnishes one solvent surety fora sum of Rs.25,000/- along with one personal bond in the likesum to the satisfaction of the trial Court concerned for hisappearance before the concerned Court as and when directed bythe said Court, he be released on bail. of the liquor seized from the illegal possession of the applicant,he is in jail since 21/12/2021, offence is triable by JudicialMagistrate First Class, I feel inclined to allow the bail application.It is directed that if the applicant furnishes one solvent surety fora sum of Rs.25,000/- along with one personal bond in the likesum to the satisfaction of the trial Court concerned for hisappearance before the concerned Court as and when directed bythe said Court, he be released on bail.

8. In view of above, I.A. No. 1/2021, application to list the caseduring winter vacation and I.A. No. 2/2021, application for urgenthearing stand disposed of. during winter vacation and I.A. No. 2/2021, application for urgenthearing stand disposed of.

CC as per rules.

Sd/-(N.K. Chandravanshi)VACATIONJUDGE