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High Court Of ChhattisgarhMCRC/3274/2019rejected

Dilip Sonwani v. State Of Chhattisgarh

2019-05-14Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3274 of 2019 Dilip Sonwani, son of Shankar Lal Sonwani, aged about 46 years, R/o Village Ghoghara, P.S. Tendukona, District Mahasamund (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Tendukona, District Mahasamund (CG). ---- Non-applicant For Applicant :

Ms. Pushplata Khalkho, Advocate For Non-applicant :

Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14.05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. 2.

Perused the case diary provided by the counsel for the State in connection with Crime No.62/2019 registered in Police Station Tendukona, 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 26.04.2019, 7.00 bulk liters hand made country liquor was seized from the possession of the applicant.

4.

Counsel for the applicant submitted that the applicant has not committed any offence and has been falsely implicated in the case and as such the applicant may be released on bail. 5.

Counsel for the State opposed the bail application. He further submitted that four other criminal cases under Excise Act have already been registered against the applicant in police case diary. 6.

Looking to the above mentioned facts and circumstances of the case, looking to this facts that four other criminal cases have already been registered against the applicant, this Court is not inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. Consequently, the bail application is rejected.

7. Certified copy as per rules.

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