Allowed

Khirsagar v. State of Chhattisgarh

Chhattisgarh HC24 Jan 2022MCRC/680/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application under Section 439 CrPC for an applicant accused of possessing homemade liquor under the Chhattisgarh Excise Act. Considering lack of criminal antecedents and the nature of the offense, bail was granted on bond of Rs. 25,000.

What did the court decide?

Released on regular bail upon furnishing a bond of Rs. 25,000 with one surety.

Khirsagar Vs State of Chhattisgarh — Execution and Attachment | Chhattisgarh HC (2022)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Order Sheet

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MCRC No. 680 of 2022

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Khirsagar Versus State of Chhattisgarh

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24.01.2022		Mr. Vikas Pradhan, Advocate for applicant.
	today.	Mr. Vaibhav Singh, Panel Lawyer 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.
Pa wa n		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. 680 of 2022

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Khirsagar S/o Baddisingh Aged About 55 Years R/o Village Beharapali, Thana Saraipali, District- Mahasamund, Chhattisgarh

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------Applicant

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VERSUS

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State of Chhattisgarh through: Station House Officer, Police Station- Saraipali, District-Mahasamund, Chhattisgarh

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------- Non-applicant

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For Applicant : Mr. Vikas Pradhan, Advocate

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For Non-applicant/State : Mr. Vaibhav Singh, Panel Lawyer

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Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge

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(Proceedings through video conferencing)

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ORDER

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24/01/2022

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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. 11/2022 registered at police station Saraipali District Mahasamund (C.G.) for offence punishable under Section 34(2) of Chhattisgarh Excise Act.

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Case of prosecution is, that on 10.01.2022 police received secret information that applicant is in possession of liquor. Based on the information, police reached on the place informed by informant ie. agricultural field of applicant, during search, seized 20 bulk liters of hand made (mahua) liquor from agricultural field of applicant. Based on the seizure of liquor aforementioned crime is registered against applicant and he was arrested.

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Learned counsel for the applicant would submit that applicant has been falsely implicated in the crime, he has not committed any offence as alleged against him as the seizure of liquor is from the open place which is accessible to all, hence, it cannot be said that applicant was in exclusive and conscious possession of liquor. He further submits that there is no other criminal antecedents against applicant. He is in jail since 10.01.2022. Offence is triable by Judicial Magistrate, First Class, trial of which may take some time

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to conclude, hence, he may be released on bail.

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Learned State counsel, while opposing the submissions of learned counsel for the applicant, would submit that applicant owns the place ie. agricultural field from where alleged liquor was seized, hence, he is not entitled for grant of bail. However, upon asking with regard to any criminal antecedents against applicant, he submits that no criminal antecedent against applicant is mentioned 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 allegations, facts and circumstances of the case, submissions of learned counsel for the parties that there is no other criminal antecedent against applicant, offence to be triable by Judicial Magistrate, First Class, 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 one surety in the like sum to the satisfaction of the Court on the conditions that-

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a) Applicant 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/- (Parth Prateem Sahu) Judge

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P a w a n

Khirsagar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Khirsagar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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