Gopi @ David Ueikey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1556 of 2019 • Gopi @ David Ueikey S/o Shri Shankar Ueikey Aged About 23 Years R/o Ayodhya Nagar, Matkodvapara, Chanorabhata, Police Station- D.D. Nagar, District- Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- D.D. Nagar, District- Raipur, Chhattisgarh ......Non Applicant For the Applicant :

Mr. Shubham Thakur and Mr. Anchal Kumar Matre, Advocates For Non Applicant :

Mr. Vikram Dixit, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07/03/2019 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 applicant has been arrested in connection with Crime No.256/2018 registered at Police Station- D.D. Nagar,, District- Raipur (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 14.08.2018, 5.400 bulk liters of country made liquor has been seized from the possession of the applicant. 5.

Counsel for the State submits that 6 other criminal cases have been registered against the applicant, out of which 3 under IPC, 1 under CrPC, 1 under Arms Act and 1 under Excise Act.

6.

Looking to the facts and circumstances of the case, looking to this fact that 6 other criminal cases have been registered against the applicant, this Court is not inclined to get benefit of Section 439 of CrPC to the applicant. Consequently, the bail application is rejected.

7.

Certified copy as per rules.

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