Hem Prasad @ Bhuru Joshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5906 of 2018 Hem Prasad @ Bhuru Joshi S/o Shri Ganesh Joshi Aged About 28 Years R/o- Village Awaspara, Matasgara, Police Station And TahsilTakhatpur, District- Bilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- P.S. And Excise Circle Takhatpur, District- Bilaspur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Tarun Dansena, Advocate For the State :

Ms. Smita Ghai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /09/2018

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. The applicant has been arrested in connection with Crime No. 32/2018 registered in Excise Circle-Takhatpur, District Bilaspur (C.G.) for the offence punishable under Sections 34(1)(A), 34(2), 59(A) of CG Excise Act.

3. Case of the prosecution, in brief is that on 25/07/2018, 9.5 bulk liters hand made country liquor has been seized from the applicant.

4. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated, hence, he be released on bail.

5. On the other hand, the State opposed the bail application. She further submits that there is no antecedent against him.

6. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of Rs. 25,000/- to the satisfaction of the trial Court concerned, he be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde