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High Court Of ChhattisgarhMCRC/6776/2018dismissed

Jitendra Sonkar v. The State Of Chhattisgarh

2018-10-03Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6776 of 2018 Jitendra Sonkar S/o Makhan Sonkar Aged About 30 Years R/o- Durga Mandir Para, Ward No. 5, Thana And Tahsil Charama, District- Uttar Baster, Kanker, Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through- District Magistrate, District- Uttar Baster Kanker, Chhattisgarh.

---- Respondent For the Applicant :

Shri Parag Kotecha, Advocate For the State :

Shri Suryakant Mishra, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018 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 applicant has been arrested in connection with Crime No.149/2018 registered in Police Station Charama, District Uttar Bastar Kanker (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Case of the prosecution, in brief is that on 29/08/2018, 9.720 bulk liters country made liquor has been seized from the possession of 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 9 other criminal cases have been registered against the applicant, out of which 1 case under Gambling Act, 2 cases under IPC, 1 case under Excise Act and 5 cases under Sections 107, 116 of CrPC. 6.

Counsel for the applicant further submitted that 2 cases under IPC he has already acquitted.

7.

Looking to the above mentioned facts and circumstances of the case, looking to this fact that 9 other criminal cases have been registered against the applicant and looking to the seriousness of the alleged offence and also

the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

8.

Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge Kamde