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High Court Of ChhattisgarhMCRC/5953/2018allowed

Pramod Yadav & ANR. v. State Of Chhattisgarh

2018-09-04Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5953/2018

1. Pramod Yadav son of Lakeshwar Yadav, aged about 31 years

2. Chhabi Yadav, son of Pardeshi Yadav, aged about 48 years, Both R/o. Village Sukhari, Thana Rajadevari, Distt. Balodabazar (CG) -versusState of Chhattisgarh through Station House Officer, PS Pithora, Distt. Mahasamund (CG) For applicants Mr. Vikas Pradhan, Adv.

For non-applicant/State Mr. Vinod Tekam, 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 applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 115/2018 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 11-7-2018, 16 bulk litre handmade country liquor has been seized from the applicants.

4. Counsel for the applicants argued that the applicants are innocent and have been falsely implicated hence they be released on bail.

5. On the other hand, the State Counsel opposed the bail application. He further submits that no criminal antecedent has been reported against the applicants in the police case diary.

6. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if each 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, they be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak