Melaram Banjare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.288 of 2019 Melaram Banjare, S/o Awadhram Banjare, aged about 22 years, R/o village Chotejalli, P.S. Fastarpur, District Mungeli (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Fastarpur, District Mungeli (CG). ---- Non-applicant For Applicant : Mr. Pallav Mishra, Advocate For Non-applicant : Ms. Sangeeta Mishra, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.01.2019 1.

This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.103/2018 registered in Police Station Fustarpur for the offence punishable under Sections 3 & 7 of EC Act.

3.

The first bail application of the applicant was dismissed for want of prosecution by this Court vide order dated 27.11.2018 passed in M.Cr.C. No.7617/2018.

4.

Prosecution story in brief is that on 25.08.2018 L.P. Patel, Inspector posted at police station Fastarpur seized 120 liters of blue kerosene oil, which belong to public distribution system.

5.

Counsel for the applicant argued that the applicant is innocent and has been falsely implicated in the present case hence he may be released on bail. 6.

On the other hand, counsel for the State opposed the bail application, however, he submits that no criminal antecedent is reported against the applicant in police case diary.

7.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs.25,000/- along with one personal bond of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that will not involve himself in any of the crime in future, he be released on bail. 8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE