Hori Lal Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2619 of 2019 Hori Lal Kashyap, S/o Shri Ratan Kashyap, aged about 24 years, Caste Kashyap, R/o Village Kataud, Police Station Nawagarh, Civil & Revenue District Janjgir Champa (CG). ---- Applicant

Versus

State of Chhattisgarh, through District Magistrate Janjgir, Civil & Revenue District Janjgir Champa (CG). ---- Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate.

For Non-applicant : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.04.2019 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.71/2019 registered at Police Station Nawagarh, District Janjgir Champa for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief is that on 02.04.2019, 35.00 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 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) JUDGE L/-