Chhamman v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5931 of 2018 Chhamman S/o Rain Singh Banjare Aged About 40 Years R/o- Village Kashibahara, P.S. Pithora, District- Mahasamund, CG ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police Station Pithora, District- Mahasamund, CG ---- Non-applicant For applicant Mr. Shikhar Sharma, Adv.

For non-applicant/State Mr. Sumit Jhanwar, PL Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 4-91. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 132/2018 registered in police station Pithora, Distt. Mahasamund (CG) for offence punishable under Section 34(2) of the CG Excise Act.

3. Prosecution story in brief is that on 28-7-2018, 10 bulk litre 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 Counsel opposed the bail application. He further submits that previously two cases under Section 107 and 116 of the IPC and one case under the Excise Act have been registered 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 two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak