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High Court Of ChhattisgarhMCRC/6189/2018allowed

Sadhuram @ Premlal & ANR. v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6189 of 2018 1.

Sadhuram @ Premlal, S/o Janak Ram Aged About 45 Years 2.

Lakshmi Prasad S/o Dhan Singh Aged About 41 Years, Both are R/o Village Amali, Police Station Kota, District Bilaspur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Kota, District Bilaspur Chhattisgarh. ---- Respondent For the Applicants :

Shri Dharmesh Shrivastava, Advocate For the State :

Shri Vinod Tekam, 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.330/2018 registered in Police Station Kota, District Bilaspur (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Case of the prosecution, in brief is that on 09/08/2018, 15 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 one case has been registered against the applicant No. 1 Sadhuram in Excise Act and no antecedent against applicant No. 2. 6.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant No.1 furnishes two solvent sureties for a sum of Rs. 25,000/- along with personal bond of Rs.50,000/- to the satisfaction of the trial Court concerned and applicant No.2 furnishes one solvent surety for a sum of Rs. 20,000/- along with personal bond in the like sum to the satisfaction of the trial Court concerned, applicants be released on bail.

7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde