Anand Kuhikar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.3741 of 2019 • Anand Kuhikar S/o Mohan Lal Kuhikar Aged About 50 Years R/o Sant Ravidas Nagar Camp-2 Ward No.23 Police Station Chhawni Bhilai Power House Tehsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Purani Bhilai District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent For Applicant :

Shri Purnendra Khichariya, Advocate For Respondent/State :

Shri Ravi Bhagat, Dy.GA Single Bench: Hon'ble Shri Justice Parth Prateem Sahu Order On Board 03/06/2019 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.239/2019 registered at Police Station Purani Bhilai, District Durg for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act for carrying country made liquor of 6.660 bulk liter.

2.

Learned counsel for the applicant submits that the applicant is aged about 50 years and there is no previous criminal record against the applicant before any other police station.

3.

On the other hand, learned State counsel opposes the prayer for grant of bail and submits that as per the material available in the case diary, there is no previous criminal record against the applicant. 4.

Considering that the applicant is the first offender and also looking to the quantity of liquor alleged to be seized from his possession, I am inclined to enlarge the applicant on bail.

5.

Accordingly, the application is allowed. It is ordered that the applicant

shall be released on bail on furnishing a personal bond of Rs.10,000/- along with two local sureties of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted.

Certified copy as per rules.

SD/- (Parth Prateem Sahu) Vacation Judge Tumane