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High Court Of ChhattisgarhMCRC/2282/2019allowed

Bihari Lal v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2282 of 2019 Bihari Lal, S/o Chandu Lal Jangde, aged about 26 years, R/o village Paijani, Outpost Lavan, Police Station Kasdol, District Baloda Bazar Bhatapara (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Outpost Lavan, Police Station Kasdol, District Baloda Bazar Bhatapara (CG). ---- Non-applicant For Applicant : Mr. Anil Gulati, Advocate.

For Non-applicant : Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 04.04.2019 1.

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

2.

The applicant has been arrested in connection with Crime No.198/2019 registered at Police Station Outpost Lavan, P.S. Kasdol District Baloda Bazar Bhatapara for the offence punishable under Section 34(2) of Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief is that on 24.03.2019, 25.00 bulk liters hand made country liquor has been seized from the applicant. 4.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedent of the applicant is reported in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned Trial Court, he be released on bail. 7.

Certified copy as per rules.

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