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High Court Of ChhattisgarhMCRC/2054/2019allowed

Khilesh Sahu v. State Of Chhattisgarh

2019-04-08Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.2054 of 2019 Khilesh Sahu, S/o Dashrath Sahu, aged about 24 years, R/o Village Damakheda, Police Station Simga, District Baloda Bazar Bhatapara (CG). ---- Applicant

Versus

State Of Chhattisgarh, through Station House Officer, Police Station Simga, District Baloda Bazar Bhatapara (CG). ---- Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate appearing on behalf of Mr. Anil Gulati, Advocate For Non-applicant : Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.04.2019 1.

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.

2.

The applicant has been arrested in connection with Crime No.65/2019 registered in Police Station Simga, District Baloda Bazar Bhatapara for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Prosecution story in brief is that on 07.03.2019, 5.400 bulk liters country made liquor has been seized from the applicant. 4.

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

On the other hand, counsel for the State opposed the bail application. He further submits that previously one criminal case under IPC has already been registered against the applicant.

6.

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 concerned Trial Court with the condition that will not involve himself in any of the crime in future, he be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE