Chandrashekhar Dhiwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2051 of 2019

1. Chandrashekhar Dhiwar S/o Shri Awadh Ram Dhiwar Aged About 25 Years R/o Village Saragaon, P. S. Kharora, District Raipur Chhattisgarh

2. Dikeshwar Dhiwar S/o Shri Santosh Dhiwar Aged About 21 Years R/o Village Saragaon, P. S. Kharora, District Raipur Chhattisgarh ---- Applicants

Versus

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

Ms. Laxmeen Kashyap, Advocate For the State :

Mr. Apurv Goyal, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 28/03/2019 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 applicants have been arrested in connection with Crime No.89/2019 registered at Police Station- Kharora, 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 12.03.2019, 6.135 bulk liters of country made liquor has been seized from the joint possession of applicants. 5.

Counsel for the State submits that, 2 other criminal cases have been registered against the applicant No.1 Chandrashekhar Dhiwar, out of which 1 under CrPC and 1 under Excise Act.No antecedent has been reported against the applicant No.2 Dikeshwar Dhiwar.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicant No.1 Chandrashekhar furnishes two solvent sureties for a sum of Rs. 25,000/- along with a personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned, he be released on bail and applicant No.2 Dikeshwar Dhiwar 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, he be released on bail. 7.

Certified copy as per rules.

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