Devraj Gaharwar v. State Of Chhattisgarh

MCRCA No. 1523 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1523 of 2020 • Devraj Gaharwar S/o Kunjal Singh Aged About 57 Years R/o Village Baharmuda, Police Station Pipariya, Tahsil Kawardha, District Kabirdham Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate, Kawardha District Kabirdham Chhattisgarh ---- Respondent For Applicant Mr. Dharmesh Shrivastava, Advocate For Respondent /State Mr. Sudeep Agarwal, Dy. AG SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 17/12/2020

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.293/2020 registered at Police Station Pipariya, District Kabirdham for the offence punishable under Section 34(2) of the CG Excise Act.

3. The applicant has allegedly being found transporting 9 bulk litres of county made liquor.

MCRCA No. 1523 of 2020

4. Learned counsel for the State informs that the applicant has committed similar offence on three earlier occasions.

5. Considering the nature of allegations and the previous antecedents of the applicant, I am not inclined to extend the benefit of Section 438 of Cr.P..C. to the applicant.

6. Accordingly, the bail application is dismissed. However, in the event, the applicant surrenders and applies for regular bail, the jurisdictional Court shall consider and decide his bail application expeditiously. Sd/- (Prashant Kumar Mishra) Judge Shyna