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High Court Of ChhattisgarhMCRC/8139/2018allowed

Koushik Pardhi And ANR. v. State Of Chhattisgarh

2018-10-31Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8139 of 2018

1. Koushik Pardhi, aged about 35 years, S/o Shri Brammha Pardhi, R/o Village Belsonda, Police Station Mahasamund, Tahsil & District Mahasamund (CG).

2. Pardeshi Pardhi, aged about 22 years, S/o Shri Ratan Pardhi, R/o Village Kouwajhar, Police Station Tumgaon, Tahsil and District Mahasamund(CG). ---- Applicants

Versus

State of Chhattisgarh, through Police Station Tumgaon, Tahsil, Civil & Revenue District Mahasamund(CG).

---- Non-applicant For Applicant : Mr. Jameel Akhtar Lohani, Advocate.

For Non-applicant : Mr. Ashok Kumar Swarnakar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.10.2018 1.

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

2.

The applicants have been arrested in connection with Crime No.190/2018 registered at Police Station Tumgaon, Tahsil and District Mahasamund for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3.

Case of the prosecution, in brief is that on 11.10.2018, 6.840 bulk liters foreign liquor has been seized from the applicants. 4.

Counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the present case, therefore, they may be released on bail.

5.

On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedent is reported against the applicants 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 applicants furnishes one solvent surety for a sum of Rs.25,000/- each along with a personal bond of Rs.25,000/- each to the satisfaction of the concerned Trial Court, they be released on bail.

Sd/- (Sharad Kumar Gupta) JUDGE