Karan Goswami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5499 of 2018 Karan Goswami S/o Gorelal Goswami Aged About 21 Years R/o- Kotharinaka, Police Station Urga, District- Korba, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- District Magistrate, Excise Circle, Korba, District- Korba, Chhattisgarh. ---- Respondent For the Applicant :

Shri Kishore Narayan, Advocate For the State :

Shri Wasim Miyan, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /08/2018

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. Perused the case diary provided by the learned counsel for the State in connection with the Crime No. 26/2018 registered at Police Station Excise Circle, Korba South, District Korba (C.G.) for the offence punishable under Sections 34(2) of C.G. Excise Act.

3. Case of the prosecution, in brief is that on 20/07/2018 at about 10.40 a.m. at Pujari Naka, Korba Excise Inspector Vimal Tirkey seized 37.800 bulk liters of foreign liquor from the house of the applicant.

4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Looking to the above mentioned facts and circumstances of the case and as per the statement of the Govt. Advocate there is no antecedent against the applicant, this Court is inclined to give the benefit of Section 439 of the Cr.P.C. to the present applicant.

7. Consequently, the bail application filed under Section 439 of the Cr.P.C., is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs. 15,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde