Ayush Mahapatara v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1595 of 2019 • Ayush Mahapatara S/o Umesh Mahapatara Aged About 18 Years Caste Brahman, R/o Ward No.2 Mahal Para, Saraipali, Thana And Tahsil Saraipali, District Mahasamud Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Saraipali, District Mahasamud Chhattisgarh ---- Respondent For applicant Mr. Vikash Pradhan, Adv.

For non-applicant/State Mr. Vasim Miyan, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 5-31. Heard. Admit.

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

3. The applicant has been arrested in connection with Crime No. 69/2019 registered in police station Saraipali, Distt. Mahasamund (CG) for offence punishable under Section 34(2) of the CG Excise Act.

4. Prosecution story in brief is that on 26-2-2019, 8.28 bulk litres foreign liquor has been seized from the applicant.

5. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.

6. On the other hand, the State Counsel opposed the bail application. He further submits that one more case under the Excise Act has been registered against him.

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 trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

8. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak