Dilip Bharti @ Vickky v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7870 of 2018 • Dilip Bharti @ Vickky S/o Shri Rameshwar Bharti Aged About 23 Years R/o Village Duldula, Police Station Simga, District - Baloda Bazar - Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Urla, District - Raipur, Chhattisgarh.

---- Non-applicant For Applicant : Ms. Sunita Sahu, Advocate.

For Non-applicant : Shri Satish Gupta, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 12.10.2018 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. 233/2018 registered at Police Station - Urla, District - Raipur (C.G.) for the offence punishable under Section 34(2) of the C.G. Excise Act. 3.

Case of the prosecution, in brief is that on 07.06.2018, 6.300 bulk liters country liquor has been seized from the applicant. 4.

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

5.

On the other hand, learned counsel for the State opposes the bail application. He further submits that 18 other cases have been registered against the applicant; out of which 5 are under Cr.P.C., 2 under Excise Act, 8

under IPC and 3 under Arms Act.

6.

Looking to the above facts and circumstances of the case, looking to the fact that near about 18 other criminal cases have been registered against the applicant, this Court is not inclined to give benefit of Section 439 to the applicant.

7.

Accordingly, this bail application is rejected. 8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore