MCRC/10305/2021 of PRITAM NAG Vs THE STATE OF CHHATTISGARH on 30 December 2021

(1) As per applicant, this is first bail application under Section 439 of the Cr.P.C.preferred by the applicant before this Court and no other bail application is pendingbefore any other Court.

(2) The applicant has been arrested in connection with Crime No. 15/2021 registeredat Excise Circle Antagarh, Distt.- North Bastar, Kanker for commission of offencepunishable under Sections 34(2) & 59(A) of C.G. Excise Act.

(3) Case of the prosecution, in brief, is that the applicant was found in possession of07 bulk liters of illicit liquor, which he was carrying without authority of law.

(4) Counsel for the applicant submits that the applicant has been falsely implicated inthe crime in question as no seizure has been made from him. He further submits that theapplicant is in detention since 17.12.2021 and the applicant is permanent resident ofDistrict North Bastar Kanker, therefore, there is no chance to influence the prosecutionwitnesses and absconding of the accused/applicant and conclusion of the trial is likely to take considerable time, thus, the applicant may be enlarged on bail.

(5) Per contra, Counsel for the State opposes the bail application filed by theapplicant.

(6) I have heard learned counsel for the parties and perused the case diary as well asmaterial available on record.

(7) Looking to the entire facts and circumstances of the case, quantity of the liquorseized from the possession of the applicant and detention period of the applicant, I feelinclined to allow the bail application. Accordingly, the bail application is allowed.

(8) Accused/applicant is directed to be released on bail on his executing a personalbond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of thetrial Court. He is directed to appear before the trial Court on each and every date given tohim by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/-(N.K.Chandravanshi) Vacation Judge