Mahesh Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1915 of 2019 • Mahesh Chandrakar S/o Shri Sonau Chandrakar Aged About 38 Years R/o Village Mokhla, Police Staion Arang District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Arang District Raipur Chhattisgarh ---- Non Applicant For the Applicant :

Ms. Sunita Sahu, Advocate For the State :

Mr. SRJ Jaiswal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 25/03/2019 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.115/2019 registered at Police Station- Arang, 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 08.03.2019, 5.760 bulk liters of country made liquor was seized from the possession of the applicant. 5.

Counsel for the State submits that 5 other criminal cases under the Excise Act have been registered against the applicant.

6.

Looking to the above facts and circumstances of the case, looking to this fact that 5 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