Vivek Kumar Gupta v. The State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2360 of 2019 Vivek Kumar Gupta, S/o Shri Sanjay Kumar Gupta, aged about 19 years, R/o Ward No.09, Saraipali, Thana Tendukona, Tahsil Pithoura, District Mahasamund (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Pithoura, District Mahasamund (CG). ---- Non-applicant For Applicant : Mr. Sunil Sahu, Advocate.

For Non-applicant : Mr. Ashutosh Pandey, 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 no other bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.59/2019 registered at Police Station Pithoura, District Mahasamund for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief is that on 29.03.2019, 5.400 bulk liters country made 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 is reported against the applicant 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) L/- JUDGE