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High Court Of ChhattisgarhMCRC/5928/2018allowed

Keshar Kumar & ANR. v. State Of Chhattisgarh

2018-09-10Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5928 of 2018 1.

Keshar Kumar, S/o Arjun Singh Bariha Aged About 20 Years, 2.

Krishano S/o Nanki Bariha Aged About 50 Years Both are R/o- Village Charpali, Police Station Sarsiwa, Tahsil Bilaigarh, District- Baloda Bazar, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through- Police Chowki Beladula, Police Station Sarsiwa, District Baloda Bazar, Chhattisgarh. ---- Respondent For the Applicants :

Ms. Sunita Sahu, Advocate appears on behalf of Shri C.R. Sahu, Advocate For the State :

Shri Sumit Jhawar, 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 applicants have been arrested in connection with Crime No.233/2018 registered in Police Chowki Beladula, P.S. Sarsiwa, District Baloda Bazar (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Case of the prosecution, in brief is that on 31/07/2018, 11 bulk liters hand made country liquor has been seized from the possession of the applicants. 4.

Counsel for the applicants argued that the applicants are innocent and has been falsely implicated, hence, they be released on bail. 5.

On the other hand, the State opposed the bail application. He further submits that there is no antecedent against them.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicants furnishes one solvent surety for a sum of Rs. 20,000/- each along with one personal bond of Rs. 20,000/- each to the satisfaction of the trial Court concerned, they be released on bail. 7.

Certified copy as per rules.

[ Sd/- (Sharad Kumar Gupta) Judge Kamde