Shivkumar Markandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6371 of 2018 Shivkumar Markandey S/o Shri Thanwar Markandey Aged About 40 Years R/o Village- Tendua, Post Office And Police Station- Rakhi, District- Raipur, CG ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station - Rakhi, District- Raipur, CG ---- Respondent For applicant Mr. Rajlumar Pali, Adv.

For non-applicant/State Mr. Sumit Jhanwar, PL Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 17-91. 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 N. 116/2018 registered in police station Rakhi, Distt. Raipur (CG) for offence punishable under Section 34(2) of the CG Excise Act.

3. Prosecution story in brief is that on 5-8-2018, 5.580 bulk litre 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 no criminal antecedent has been reported against the applicant in the police case diary.

6. Looking to the above facts and circumstances of the case, 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 the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak