Mahesh Kumar Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7083 of 2018 Mahesh Kumar Nishad, S/o Shiv Shatrughan Nishad, aged about 32 years, R/o Village Megha, Post Office, Police Station & Tahsil Magarlod, District Dhamtari (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Magarlod, District Dhamtari (CG).

---- Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate.

For Non-applicant : Mr. Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 08.10.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

The applicant has been arrested in connection with Crime No.195/2018 registered at Police Station Magarlod, District Dhamtari for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act. 3.

Case of the prosecution, in brief is that on 15.08.2018, 5.310 bulk liters of country made liquor and foreign liquor have been seized from the applicant. 4.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents reported against the applicant in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with a personal bond of Rs.25,000/- to the satisfaction of the concerned Trial Court, he be released on bail. 7.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) L/- JUDGE