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High Court Of ChhattisgarhMCRC/8303/2018allowed

Dilip Yadav v. State Of Chhattisgarh

2018-10-29Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8303 of 2018 • Dilip Yadav S/o Vishmbhar Yadav Aged About 30 Years R/o Shanichari Bazar Bilaspur Police Station City Kotwali Tahsil And District Bilaspur Chhatttisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station City Kotwali District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Non-applicant For Applicant : Shri P.K. Tulsyan, Advocate For Non-applicant : Shri S. 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 no other bail application is pending before any other Court.

2.

The applicant has been arrested in connection with crime No. 214/2018 registered at Police Station - City Kotwali District Bilaspur (C.G.) for the offence punishable under Section 34(2)(B) of the C.G. Excise Act. 3.

Case of the prosecution, in brief is that on 09.10.2018, 5.400 bulk liter country made 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 there is no antecedent against the applicant.

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) JUDGE kishore