Krishnachand Koshle v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2141 of 2019

1. Krishnachand Koshle, aged about 21 years, S/o Raghunandan Koshle.

2. Tikeshwar Koshle, aged about 25 years, S/o Bondru Koshle. Both are resident of village Sundari, P.S. Palari, District Balodabazar Bhatapara (CG). ---- Applicants

Versus

State of Chhattisgarh, through Police Station Gidhpuri, District Balodabazar Bhatapara (CG). ---- Non-applicant For Applicants : Mr. Anchal Kumar Matre, Advocate.

For Non-applicant : Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 01.04.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no other bail applications are pending before any other Court. 2.

Perused the case diary provided by the counsel for the State in connection with crime No.34/2019 registered at Police Station Gidhpuri, District Balodabazar Bhatapara for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief is that on 19.03.2019, 6.120 bulk liters of country made liquor was seized from the possession of applicant No.1-Krishnachand Koshle and applicant No.2-Tikeshwar Koshle was accompanied to him.

4.

Counsel for the applicants submits that the applicants have not committed any offence. They are innocent and have been falsely implicated in the present case, therefore, they may be released on bail. 5.

On the other hand, counsel for the State opposes the bail application. He further submits that there is no criminal antecedent is reported against the applicant No.1-Krishnachand Koshle in police case diary, but one criminal case under IPC and POCSO Act has been registered against the applicant No.2-Tikeshwar Koshle. 6.

Looking to the above facts and circumstances of the case, the bail

application is allowed. It is ordered that if the applicant No.1Krishnachand Koshle furnishes one solvent sureties for a sum of Rs.25,000/- along with a personal bond in the sum of Rs.25,000/- to the satisfaction of the concerned Trial Court and applicant No.2-Tikeshwar Koshle furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond in the sum of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that they shall appear before the Trial Court at 11:00 am as and when directed till trial and they would cooperate during the trial , they shall be released on bail and they will not commit such type of offence in future.

7.

Certified copy as per rules.

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