Lomash Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6641 of 2018 Lomash Nishad S/o Shivprasad Nishad Aged About 38 Years R/o Village- Lamti, Thana- Bhatapara (Gramin), District- BalodabazzarBhatapara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Police Thana- Bhatapara (Gramin), District- Balodabazzar- Bhatapara, Chhattisgarh. ---- Respondent For the Applicant :

Shri Deepak Jain, Advocate For the State :

Shri Neeraj Kumar Sharma, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------- 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 applicant has been arrested in connection with Crime No.281/2018 registered in Police Station Bhatapara (Gramin), District BalodabazarBhatapara (C.G.) for the offence punishable under Section 34(2) of CG Excise Act.

3.

Case of the prosecution, in brief is that on 23/08/2018, 10 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 opposed the bail application. He further submits that there is one another case registered under IPC against the 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.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde