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High Court Of ChhattisgarhMCRC/8265/2018allowed

Tilak Ram Sahu v. State Of Chhattisgarh

2018-10-29Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8265 of 2018 Tilak Ram Sahu, S/o Shri Manharan Sahu, aged about 35 years, R/o Darba, Outpost Birejhar, Police Station Kurud, District Dhamtari(CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Outpost Birejhar, Police Station Kurud, District Dhamtari (CG). ---- Non-applicant For Applicant : Mr. Atul Pandey, Adv. on behalf of Mr. Anil Gulati, Advocate. For Non-applicant : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 29.10.2018 1.

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

2.

The applicant has been arrested in connection with Crime No.393/2018 registered in Police Station Outpost Birejhar, Police Station Kurud, District Dhamtari for the offence punishable under Section 34(2) of the Chhattisgarh Excise Act.

3.

Prosecution story in brief is that on 13.09.2018, 5.400 bulk liters country made liquor has been seized from the applicant. 4.

Counsel for the applicant argued that the applicant is innocent and has been falsely implicated in the present case hence he may be released on bail. 5.

On the other hand, counsel for the State opposed the bail application. He further submits that previously two cases, out of which, one case under Excise Act and one under CrPC have been registered against him. 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 concerned Trial Court with the condition that 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 L/-