Raju Mahilange v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6440 of 2018 Raju Mahilange S/o Late Shri Mohan Lal Aged About 35 Years R/oBus Stand Dumardih, Thana- Utai, Tahsil And District- Durg, CG

Versus

State Of Chhattisgarh Through- The District Magistrate, Durg, CG For applicant Mr. Amit Buxy, Adv.

For non-applicant/State Ms. Smita Ghai, 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 No. 256/2018 registered in police station Utai, Distt. Durg (CG) for offence punishable under Section 34(2) of the CG Excise Act.

3. Prosecution story in brief is that on 20-8-2018, 9.36 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 in addition to present case, one case under IPC, one case under Gambling Act and one case under NDPS Act have been registered against applicant.

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