Suresh Loniya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2741 of 2019 • Suresh Loniya S/o Late Bhurelal Loniya Aged About 30 Years R/o Village Station Para, Ghutkoo, Police Station- Koni, District- (Revenue And Civil) Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station- Koni, District- (Revenue And Civil) Bilaspur, Chhattisgarh ----Non Applicant For the Applicant :

Mr. Anand Kesharwani, Advocate For Non Applicant :

Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 06.05.2019 1.

This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court. 2.

The applicant has been arrested in connection with Crime No.118/2019 registered at Police Station- Koni, District- (Revenue & Civil)- Bilaspur (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Argument heard.

4.

Case of the prosecution, in brief is that on 04.04.2019, 10 bulk liters of hand made country liquor has been seized from the possession of the applicant. 5.

Counsel for the State submits that 4 other criminal cases have been registered against the applicant out of which two under IPC, one under Excise Act, one under CrPC.

6.

Counsel for the applicant further submitted that one case under CrPC and one case under IPC have been decided.

7.

Looking to the above facts and circumstances of the case, looking to this fact that 4 other criminal cases have been registered against the applicant, this Court is not inclined to get benefit of Section 439 of CrPC to the applicant. Consequently, the bail application is rejected.

8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Parul