Suresh Prasad Dahariya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.8901 of 2018 Suresh Prasad Dahariya, S/o late Shri Indal Prasad Dahariya, aged about 55 years, R/o Ward No.7, Ahiwara P.S. Nandini, Tahsil Ahiwara and District Durg (CG). ---- Applicant

Versus

State of Chhattisgarh, through District Magistrate, District Durg (CG). ---- Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Adv. On behalf of Mr. Avinash Chand Sahu, Advocate.

For Non-applicant : Mr. Satish Gupta, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.12.2018 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.233/2018 registered in Police Station Nandini Nagar District Durg for the offence punishable under Sections 34(2) of the Chhattisgarh Excise Act. 3.

Prosecution story in brief is that on 07.09.2018, 5.220 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 one criminal case under of CrPC has already been registered against the applicant. 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/-