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High Court Of ChhattisgarhMCRC/7794/2018allowed

Mahendra Mahanand v. State Of Chhattisgarh

2018-10-12Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7794 of 2018 Mahendra Mahanand S/o Shri Nandkishore Mahanand Aged About 23 Years R/o Adarsh Nagar, Pahadi Chowk, Vijay Tailor Gali Gudhiyari, Police Station Gudhiyari, Tahsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh .

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Devendra Nagar Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Ms. Sunita Sahu, Advocate For the State :

Shri A.K. Swarnkar, 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.195/2018 registered in Police Station Devendra Nagar, Raipur, District Raipur (C.G.) for the offence punishable under Section 34(2) of CG Excise Act. 3.

Case of the prosecution, in brief is that on 27/09/2018, 5.400 bulk liters of 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 no antecedent 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 one solvent surety for a sum of Rs. 25,000/- along with one personal bond of Rs. 25,000/- to the satisfaction of the trial Court concerned, he be released on bail. 7.

Certified as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde