Rahul Singh & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 739 of 2019 • Rahul Singh S/o Nagendra Pratap Singh Aged About 26 Years R/o Village Amarwana, P. S. Jethwara, District Pratapgarh U. P. At Present R/o Budhwari Kashi Nagar, Near Shiv Mandir Korba Tahsil And District Korba Chhattisgarh, • Puspraj Singh @ Bachha Singh S/o Late Rampratap Singh Aged About 40 Years R/o Village Bawaikhurd, P. S. Mahu District Chitrakut M. P. At Present R/o Budhwari Kashi Nagar, Near Shiv Mandir Korba Tahsil And District Korba Chhattisgarh, • Shiv Baba Tiwari S/o Hariprasad Tiwari Aged About 38 Years Tenduamaphi, P. S. Mahu District Chitrakut M. P. At Present R/o Budhwari Kashi Nagar, Near Shiv Mandir Korba Tahsil And District Korba Chhattisgarh ----Applicant

Versus

• State Of Chhattisgarh Through The Police Station City Kotwali District Korba Chhattisgarh, ---- Non Applicant For the Applicant :

Mr. Akhtar Hussain, Advocate appearing on behalf of Mr. Pravin Kumar Tulsyan, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /02/2019 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

The applicants have been arrested in connection with Crime No.23/2019 registered at Police Station- City Kotwali, District- Korba (C.G.) for the offence punishable under Section 34 (2) of CG Excise Act.

3.

Argument heard.

4.

Case of the prosecution, in brief is that on 21/01/2019, 45 bulk liters foreign liquor has been seized from the possession of the applicants. 5.

Counsel for the State submits that there is no criminal antecedent of the applicant is reported in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- each along with one personal bond of Rs. 25,000/- each to the satisfaction of the trial Court concerned, they be released on bail. 7.

Certified copy as per rules.

Sd/- Sd/- (Sharad Kumar Gupta) Judge Parul