Kailash Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.3152 of 2019 Kailash Rathore, S/o Shiva Rathore, aged about 30 years, R/o Village Rabeli, Police Station Pipariya, Tahsil Kawardha, District Kabirdham (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Pipariya, District Kabirdham (CG). ---- Non-applicant For Applicant : Mr. Devesh Chandra Verma, Advocate.

For Non-applicant : Ms. Sangeeta Mishra, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.05.2019 1.

Heard. Admit. Case diary is available.

2.

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

3.

The applicant has been arrested in connection with Crime No.94/2019 registered in Police Station Pipariya, District Kabirdham for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 4.

Prosecution story in brief is that on 27.03.2019, 5.760 bulk liters country made liquor has been seized from the applicant. 5.

Counsel for the applicant argued that the applicant is an innocent and has been falsely implicated in the present case hence he may be released on bail.

6.

On the other hand, counsel for the State opposed the bail application. She further submits that previously one case under CrPC has already been registered against the applicant.

7.

Looking to the above facts and circumstances of the case, the bail application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs.25,000/- along with one personal bond of Rs.50,000/- to the satisfaction of the concerned Trial Court with the condition that will not involve himself in any of the crime in future, he be released on bail. 8.

Certified copy as per rules.

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