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High Court Of ChhattisgarhMCRC/4116/2019allowed

Santosh Sahu v. State Of Chhattisgarh

2019-06-26Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4116 of 2019 Santosh Sahu, S/o Shri Punarad Sahu, aged about 35 years, R/o Village Badi Kareli, Police Chowki Badi Kareli, Thana Magarlod, District Dhamtari (CG). ---- Applicant

Versus

State of Chhattisgarh, through Police Station Magarlod, District Dhamtari (CG). ---- Non-applicant For Applicant : Mr. R.S. Patel & Mr. Sunil Kumar, Advocates. For Non-applicant : Mr. S.R.J. Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26.06.2019 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.155/2019 registered at Police Station Magarlod, District Dhamtari for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief is that on 10.06.2019, 5.580 bulk liters country made liquor has been seized from the applicant. 4.

Counsel for the applicant submits that the applicant is an 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 bail 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) L/- JUDGE