High Court Of ChhattisgarhMCRC/8454/2018allowed

Md. Shabir v. State Of Chhattisgarh

2018-11-01Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8454 of 2018

1. Md. Shabir S/o Sheikh Abbu Mohammad Aged About 50 Years R/o Village Jagdamba Plant, Punjipathara, Tahsil And P. S. Gharghoda, Civil And Revenue District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

2. Vinaj Verma S/o Chitrasen Verma Aged About 30 Years R/o In Front Of Raigarh City Hospital Kotra Road, District Raigarh Civil And Revenue District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through P. S. Gharghoda, Civil And Revenue District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Non-applicant For Applicants : Shri Ashutosh Mishra, Advocate For Non-applicant : Shri Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 1.11.2018

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. 320/2018 registered at Police Station - Gharghoda, District Raigarh (C.G.) for the offence punishable under Section 34(1)(A), 59(2) of the C.G. Excise Act.

3. Case of the prosecution, in brief is that on 11.10.2018, 12 bulk liter country made liquor has been seized from the applicant No. 1 Md. Shabir and

motorcycle has been seized from applicant No.2 Vinay Verma.

4. Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the present case, therefore, they 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 applicants.

6. Looking to the above facts and circumstances of the case, the application is allowed. It is directed that if the each 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