Allowed

Chhabilal Sendariya v. State of Chhattisgarh

Chhattisgarh HC8 Oct 2021MCRC/7964/2021

Case brief

AI extract

What is this about?

Application for regular bail under Section 439 CrPC allowed. The applicant was arrested for possession of illicit liquor under the Chhattisgarh Excise Act. The court granted bail directing release upon furnishing a bond and certain conditions.

What did the court decide?

Application for regular bail allowed. Applicant to be released upon furnishing a bail bond of Rs.25,000 with surety and complying with conditions.

Chhabilal Sendariya Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2021)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Order Sheet

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MCRC No. 7964 of 2021

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Chhabilal Sendariya Versus State of Chhattisgarh

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08.10.2021		Ms. Ankita Shriwas, Advocate for applicant.
	today.	Mr. K.K. Singh, Government Advocate for the State. Heard. Admit. Learned State counsel submits that the case diary is available With the consent of parties, matter is heard finally. Order dictated and signed separately.
Pawan		Sd/- (Parth Prateem Sahu) Judge

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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MCRC No. 7964 of 2021

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Chhabilal Sendariya S/o Baikunth Sendariya, aged about 45 Years R/o Village Savitripur Katel, Police Station Sankra, Tahsil Pithora, District - Mahasamund Chhattisgarh.

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------Applicant

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VERSUS

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• State of Chhattisgarh through: Police Station Sankra, District: Mahasamund, Chhattisgarh ------- Non-applicant

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For Applicant : Ms. Ankita Shriwas, Advocate For Non-applicant/State : Mr. K.K. Singh, Govt. Adv.

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Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER

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08/10/2021

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Applicant has filed this application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 181/2021 registered at Police Station Sankra, District Mahasamund (C.G.) for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

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Case of the prosecution is, that on 21.09.2021, based on the secret information received by the police that applicant is in possession of illicit liquor in his house, police made search of the house of applicant and baadi (garden), recovered 40 bulk litre of country made liquor from his possession. Based on the seizure of illicit liquor from his possession, aforementioned crime is registered against him and he was arrested.

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Ms. Ankita Shriwas, learned counsel for the applicant submits that the applicant has been falsely implicated in the crime as the place from where the alleged illicit liquor was seized is an accessible place to any person. She further submits that applicant is having no other criminal antecedents of similar nature against him. He is in jail since the date of arrest, hence, he may be enlarged on bail.

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Mr. Adil Minhaj, learned State counsel, while opposing the submissions made by the learned counsel for the applicant, submits that looking to the quantity of liquor recovered from the possession of applicant, he is not entitled for grant of bail. However, upon putting specific query with regard to any criminal antecedents of similar nature against applicant, upon going through case diary, he submits that there is no mention of any criminal antecedents against applicant in the case diary.

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I have heard learned counsel for the parties.

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Taking into consideration, nature of allegation, quantity of liquor seized from the possession of applicant, the place from where the liquor was seized, and further that applicant is having no criminal antecedents against him of similar nature, without commenting anything on merits, I am inclined to allow the bail application.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs.25,000/- with surety in the like sum to the satisfaction of the Court on the conditions that-

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a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

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b) The applicant shall not, in any manner, tamper with the prosecution witnesses.

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c) If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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Sd/-

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(Parth Prateem Sahu) Judge

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Pawan

Chhabilal Sendariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chhabilal Sendariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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