MCRC/10327/2021 of SALEEM TANDON 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. 92/2021, registered atExcise Circle, Mungeli, District – Mungeli (C.G.), for the offencepunishable under Sections 34 (1) (A)(B), 34 (2), 59 (A) of C.G.Excise Act. Section 439 of the Cr.P.C. for grant of bail as he has beenarrested in connection with Crime No. 92/2021, registered atExcise Circle, Mungeli, District – Mungeli (C.G.), for the offencepunishable under Sections 34 (1) (A)(B), 34 (2), 59 (A) of C.G.Excise Act.

3. Case of the prosecution in brief is that on 18/12/2021, 26.640bulk liter of country made and foreign liquor has been seizedfrom the illegal possession of applicant.bulk liter of country made and foreign liquor has been seizedfrom the illegal possession of applicant.

4. Counsel for the applicant submits that the applicant is innocentand falsely implicated in this case, he is in custody since18/12/2021, he is resident of village Bade Jalli, District – Mungeli(C.G.), hence there is no chance of absconding of applicant,and falsely implicated in this case, he is in custody since18/12/2021, he is resident of village Bade Jalli, District – Mungeli(C.G.), hence there is no chance of absconding of applicant, therefore, he 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, hence, 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, hence, he may not 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,his period of detention and also taking into consideration that heis permanent 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. of the liquor seized from the illegal possession of the applicant,his period of detention and also taking into consideration that heis permanent 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.

CC as per rules.

Sd/-(N.K. Chandravanshi)VACATIONJUDGE